Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - Italy (Ratification: 1981)

Individual Case (CAS) - Discussion: 2009, Publication: 98th ILC session (2009)

The Government communicated written information which included a general introduction to the Italian legislative framework on anti-discrimination, description of communication campaigns for the social integration of immigrants and the actions of inspection and investigation of illegal employment and immigration carried out by the Ministry of Labour, Health and Social Policies and the Ministry of the Interior.

The Italian Government was fully concerned about the racist and xenophobic propaganda, which mainly targeted non EU-migrants and minority groups, such as Roma populations, and which compromised the difficult process of peaceful integration and coexistence. There was confidence that all the efforts made by the Government, local administrations, churches and NGOs were a strong “screen against racism”. Instigation to racial hatred was severely punished by the Italian Criminal Code; nonetheless it was for the judicial authority, in its full independence, to assess, on a case by case basis, to which extent a given manifestation either fell within the bounds of the freedom of thought and expression and of political orientation, or it was rather to be considered as a criminal act of instigation to racial hatred.

By Law No. 101 of 6 June 2008, the national legislation had been amended in order to reverse the burden of proof shifted to the respondent if the claimant supplied factual elements sufficient to demonstrate the presumption of a direct or an indirect discrimination.

The Office for the Promotion of Equality of Treatment and the Elimination of Discrimination based on Race and Ethnic Origin (UNAR) decided to start a specific strategy capable of going beyond legal support to victims of discrimination and act on the structural causes of discrimination in the labour market. One of the main problems faced daily by immigrants was the access to the market itself in the very first stage of the selection process of personnel. The idea was to create opportunities for contact between companies and two categories of disadvantaged people, persons with disabilities and foreigners. For instance, UNAR organized a first job meeting in collaboration with Sodalities (CSR development Centre) and some leading Italian companies in order to raise awareness about job opportunities for both employers and potential employees. In addition, with a view to prevention and promotion of positive actions, training courses on anti-discrimination legislation, especially in the workplace, had been one of the most significant channels for the transfer of knowledge and best practices in combating racial discrimination.

UNAR and social partners agreed upon the need to face the problem of the cohabitation of people of different ethnic origins in the workplace, employing vocational training and awareness-creating tools both for workers and trade union representatives as well as for managers and employers’ representative bodies.

In 2008, the Strategic Programming of Vigilance Activity of the Ministry of Labour, an annual document which defined its objectives and political priorities, gave particular attention to actions aiming to fight the irregular and illegal work of migrant workers. The document provided that the inspection activity in this sector, carried out in coordination with national insurance bodies and with the Police Corps, needed to deal with economic organizations managed by minorities promoting illegal immigration of their compatriots to keep them in Italy in a situation of exploitation under violence in violation of standards of workers’ rights. For the internal programming activity of the General Directorate for Inspection Activity for 2009, every local office (regional directorate) had identified precise areas of intervention in consideration of the different economic realities on the territory and of the sectors in which the irregular employment of extra community workers was most present.

In the second part of its communication, the Government described measures taken to promote the integration of Roma and Sinti communities in Italy, including measures aiming at promoting the access to employment, education and health facilities, as well as the development of an action plan. Through the National Fund for Social Policies (2008) it had been possible to allocate an additional sum of €7 million for the implementation of interventions for the social integration of immigrants mainly in the following areas: employment and education insertion of Roma people, health protection, information and communication activities. The resources specifically allocated to interventions in favour of Roma communities amounted to €3,360,000. Considering that the promotion of labour insertion policies was a priority instrument to limit the particular socio-economic marginalization of Roma population on the national territory, it was decided to activate a completely new programme of interventions aiming at promoting the social and labour integration of Roma living in regional areas where their presence was particularly high (for example, Lombardia, Piemonte, Tuscany and Apulia). Specific agreement with regions and municipalities had been covering apprenticeship, internship, information, guidance and employment support services, training of Roma cultural mediators, with the support of employers’ and workers’ organizations and of local associations representing the Roma community. A similar methodology was followed in relation to actions supporting Roma minors, for whom it was decided to activate host/assistance interventions including the help of cultural mediators, with the aim of promoting minors positive insertion and guidance at school, trying to limit school abandonment and to prevent minor dispersion (a phenomenon which was particularly evident in the municipalities of Rome, Milan and Naples).

A further measure of intervention concerned the issue of health protection for the implementation of a full equality in foreigners’ access to public health services, enabling them to meet not only the necessity for disease treatment, but also the need for prevention and assistance to pregnancy, childbirth, growth of children, old age and for all the diseases arising from socially disadvantaged conditions. These were the reasons which led to the signing, together with the National Institute for Health, Migration and Poverty, of an agreement for a total amount of €2 million concerning the implementation of actions supporting the access of migrant population to health and care services and to disease prevention, paying particular attention to pregnant women and minors, with the support of cultural mediators to be employed in Italian ASL (local sanitary agencies) once appropriately trained through the organization of specific courses.

Additional financial resources could be allocated to the implementation of actions supporting the integration of Roma and Sinti communities and the fight against racism and xenophobia within the EU funds, both in the framework of the new Structural Funds Planning for 2007–13, and within the European Fund for the integration of nationals of third countries, which was created under the general programme “Solidarity and Migration Flows Management”.

As part of the efforts for the definition of a national strategy on Roma issues, the 2009–11 Program Document, currently in progress, specified those actions and interventions on immigration and integration which the Italian Government decided to carry out for the next three years. A special section of this document was devoted to the planning of actions supporting Roma and Sinti communities, promoting and defining a new approach to the issue of Roma and Sinti which, consistently with the goals and actions of the European Union, would be based on interventions enhancing social inclusion, on the concept of equal rights/duties for autochthonous and immigrants and on the consolidation both of the reception of migrants, and the acceptance of “diversity” in all processes of integration in every area. In addition to this, there was a strong focus on policies fighting both the exploitation of migrants and the racist and xenophobic discrimination. These policies would be based on surveys and monitoring interventions and would develop through campaigns for the promotion of equal opportunities at schools, in the labour market and in the field of lodgings.

In addition, the Italian Government’s communication included extensive information concerning relations with Romania for joint action for social inclusion of Roma and Sinti, measures taken to promote Roma children schooling, as well as information on specific training for police officers and carabinieri on human rights in relations with the Roma community.

In addition, before the Committee, a Government representative expressed disappointment at the decision to include his country on the list of individual cases for examination by the Committee, although he believed that it could be an occasion to clarify certain points that had been raised unfairly. He indicated that Italy was proud to be a member of the ILO and would engage with its usual spirit of collaboration in support of the ILO’s fundamental objectives. He added that his country had the best record of ratifications of ILO Conventions and noted that, of the 23 countries that had ratified Convention No. 143, Italy was the only one that was confronted with massive immigration.

He indicated that he could not accept the simplification of a very complex issue inherent in the comments of the Committee of Experts, which had referred to what appeared to be “a climate of intolerance, violence and discrimination of the immigrant population” in his country. He added that over the past decade his country had experienced a significant increase in the number of non-European Union citizens living and working on its territory. Following the completion of the regularization programme and the establishment of entry quotas, the foreign population in Italy was around 4 million, representing 6 per cent of the national population.

He recalled that the promotion and protection of human rights was set forth in the Italian Constitution, which envisaged protection of all the rights and fundamental freedoms set out in the relevant international instruments. The principle of non-discrimination was one of the main pillars of the constitutional order, upon which the domestic legislative system was based. Italian law contained a wide range of criminal, civil and administrative provisions to combat racism and discrimination. The stigmatization of certain ethnic or social groups remained a matter of serious concern for the authorities at all levels, and all political forces had firmly condemned all recent attacks against specific groups. He acknowledged that racism was a real problem of global dimensions affecting many countries and indicated that action continued to be taken to combat it using all types of tools, including legislation, communication, education and social policies.

He noted that his Government had provided written information to the Committee and had made many efforts to improve inter-cultural and inter-religious dialogue adopting various initiatives to improve understanding between the various faiths. One of these initiatives was the Observatory on Religious Policies, which worked with the Ministry of the Interior with the aim of evaluating the complexity of religious phenomena by examining the real situation of cults other than the Catholic majority. In so doing, it was providing useful elements to resolve the problems that were identified. Another such body was the Council for Islam, an advisory body established in 2005 to promote fruitful dialogue between the State and the national Islamic community. It prepared studies and put forward opinions and proposals to the Minister of the Interior. Its aims were to promote institutional dialogue with Muslim communities in Italy and improve knowledge of problems relating to integration with a view to identifying the most appropriate solutions.

With regard to political rights, and particularly the right to vote of migrants, he emphasized that the participation of immigrants in democratic processes, policy formulation and integration measures, especially at the local level, was essential for their effective inclusion in society. Although the right of migrants to vote in national political elections was not envisaged, they could do so in local elections. He indicated that many municipalities had instituted extra posts of city councillors, for which foreign nationals in the area stood for election, thereby representing the views of foreign communities. A council had also been established in 1998 to address the problems of foreign immigrants and their families. The purpose of the council was to obtain advice from the agencies and groups that were most active in helping in the integration of immigrants and to examine the complex issues related to the situation of foreign immigrants.

With reference to equality of social rights, he indicated that the latest measures adopted included access to public housing, for which the residence criteria were normally set between five and ten years, which served to limit the access to such benefits to those who were well-rooted on the national territory. This approach had been endorsed by the Constitutional Court and was based on the intention of granting benefits only to foreign nationals who were permanently resident on the national territory. Other benefits, such as the overtime bonus for families, retirees and persons who were not self-sufficient, under the terms of Legislative Decree No. 185/2005, were granted to anyone who lived in the territory, regardless of the length of residence. In addition, the national law provided that retirement benefits could be exported even in the absence of international agreements of reciprocity. Foreign nationals who were engaged in regular work in the country were entitled to the same retirement benefits as Italian workers, with the payment of contributions to the National Social Insurance Institute (INPS). Persons who had worked regularly in Italy retained the rights and social security entitlements that they had acquired, and could benefit from those rights even in the absence of reciprocity agreements with the country of origin.

With reference to access to public employment, he indicated that Italian citizenship was required for access to the civil service, although more recent legislative decrees had established that European Union citizens could have access to jobs in government which did not involve the direct or indirect exercise of official powers and were unrelated to the protection of the national interest. In relation to the salaries earned by foreign workers, he noted that legal migrants working in Italy were fully protected and benefited from equal rights with Italian workers. However, those who were engaged in the black economy were not protected as they were not officially employed. The issue raised concerning lower salaries for migrant workers could be explained by the nature of the jobs available to them, which tended to be low-skilled. He indicated that the issues of the black economy and occupational safety had been high on the political agenda for some years. Labour inspections had increased in numbers as the Government had provided the necessary financial resources and appointed new inspectors. Particular attention was paid to certain sectors, such as agriculture and construction, in which the risks of exploitation and undeclared economy were the greatest.

Turning to the question of introducing the crime of illegal immigration and, in the case of expulsion, the possibility for migrants to defend their rights, he indicated that the so-called “security reform” had not yet entered into force as the necessary legislation was still before the Senate. The original initiative announced in early 2008 had been modified frequently during parliamentary discussions. Section 6 of the Bill currently provided that a foreign national who entered or stayed in the country, in violation of the provisions of the law, was liable to a penalty of between €5,000 and €10,000, although, as in all criminal procedures, they were afforded all the guarantees provided for by the Constitution. He recalled in this respect that other European countries had established the crime of illegal immigration.

In view of the general trend noted in the country to reject migrants, an institutional communication campaign on the social integration of immigrants had been launched by the Ministry of Labour with a view to increasing awareness of the fundamental principles of the Constitution, workers’ rights, the rules governing immigration and the opportunities for social inclusion and access to public services. The campaign was now being carried out in more cities than originally planned and a specific agreement had been concluded with public service broadcasters for a series of television and radio initiatives to support the dissemination of information with a view to facilitating the integration of foreign nationals. A users’ guide to integration had been published and updated, and translated into eight languages.

The need to combat all manifestations of racism and intolerance on the Internet was being addressed by the Office for the Promotion of Equality of Treatment and the Elimination of Discrimination based on Race and Ethnic Origin (UNAR). It was possible to find information and denounce discriminatory and racist materials through the UNAR web page.

He emphasized that his Government attached the greatest importance to the integration of Roma communities. A bilateral summit had been organized in October 2008 between Italy and Romania to create direct contacts with the competent Romanian administrative departments, exchange good practices and start the formulation of medium-term projects. The Ministry of Education was implementing policies for the integration of Roma into Italian schools, in cooperation with several local institutions. A Protocol developed in earlier decades had been renewed in 2005, and Protocols had been concluded by various local institutions and organizations representing the Roma and Sinti. Cultural mediators in schools were now playing a key role in several areas, such as schooling, information, orientation, linguistic services and cooperation with the social services.

Finally, he indicated that for some time courses had been provided to the Italian police forces on human rights and related issues. The training curricula for police of all ranks included elements on human rights law and courses covered a wide range of topics, including vulnerable groups and minorities, the social categories most exposed to discrimination and exploitation by criminal groups. This formed part of general training measures intended to prepare the security forces to deal with vulnerable groups.

In conclusion, he observed that migration was the most difficult challenge of globalization. It could not be managed without strong cooperation between receiving and sending countries. He hoped that the efforts that were being made by his country to address the situation of migrant workers in a positive manner would be taken into account in the Committee’s conclusions.

The Employer members, requesting that the detailed and comprehensive information provided by the Government be compiled into a report for consideration by the Committee of Experts, recalled that Convention No. 143 had been adopted 34 years previously, when migration flows had been significantly smaller. Its two objectives were to address illegal immigration and protect legal immigrants. Even with the best laws, regulations and intent, implementation of the Convention faced considerable practical difficulties, particularly in view of emotional responses to immigration in all countries, which were heightened in times of difficulty, such as the current economic crisis, and tended to result in higher levels of xenophobia and racism. The Committee of Experts should bear this in mind and restrict its examination of such cases to consideration of law and practice.

The statement made by the Government representative showed clearly that Italy had a sophisticated legal, regulatory and administrative structure for implementing Convention No. 143 and that its framework was coherent and sensitive to equal treatment issues. Information received also demonstrated that the Government had a strategy on the subject and was working on the problem in conjunction with the social partners, taking full account of concerns regarding racist and xenophobic propaganda and allocating substantial funds to integration of migrants. The Government had also shown itself responsive to concerns raised in various quarters, and the Employer members expected the Government to give priority to the issues raised by the Committee of Experts in its observation.

The Worker members acknowledged that the global economic crisis could give rise to an upsurge of xenophobia in all countries, not only in Italy. In the present economic situation, migrants were often considered as the primary responsible. Thus, it was the duty of public authorities to expressly pursue a policy to promote tolerance, integration, equality of opportunity, and respect for rights, and to combat discrimination and xenophobe patterns of behaviour.

In 1975, Convention No. 143 had constituted the first attempt of the international community to address the issues raised by illegal migration and illicit employment. The Convention had complemented the existing instruments concerning discrimination through the introduction of the principle of non-discrimination on the basis of nationality, by stating in Article 1, that the protection provided by the Convention applied to “all migrant workers”, regardless of their status. This meant that any policy to combat illegal employment had to respect, without any restriction whatsoever, the fundamental rights of the workers concerned.

Apart from Italy, solely 22 countries had ratified Convention No. 143, of which only a few European countries. The Committee of Experts had highlighted the following serious issues of non-observance of the Convention in Italy: various manifestations of xenophobia, denial of rights and ill-treatment of the Roma. Under Article 10 of the Convention, every ratifying State undertook “to declare and pursue a national policy designed to promote and to guarantee … equality of opportunity and treatment”, and Article 12 encouraged member States to promote and implement an equality policy. The Worker members deplored that the Government had taken the opposite course of action. Various initiatives of Italian public authorities called into question the fundamental rights of migrants, in particular the Roma and Sinti. Thanks to the pressure exercised by society as well as the European and international community, a number of those initiatives, such as the proposal to take the fingerprints of all Roma including children, had been brought to a halt.

In its recent report, the Commissioner for Human Rights of the Council of Europe requested the Government of Italy to ensure that legislative action could not be construed as facilitating or encouraging the “objectionable stigmatisation” of Roma, Sinti or immigrants, and recommended that the independence of the national Office for the Promotion of Equality of Treatment and the Elimination of Discrimination based on Race and Ethnic Origin (UNAR) be strengthened.

The Worker members pointed at two recent legislative initiatives. Firstly, the penal sanctions against illegal immigrants had been reinforced, in keeping with an unfortunately widespread tendency that had been stimulated by European Union initiatives against illicit employment adopted within the framework of the “Frattini package”. The illegal migrant workers were the main victims of those initiatives, although they were not to be blamed for the illegal practices of certain employers. The second initiative concerned the “Security Reform” that was being discussed at the Senate but had already been adopted by the Chamber, and contained new infringements of the rights of migrants.

In the Worker members’ view, it was an extremely disturbing picture of the situation of migrants in Italy that emerged from the abovementioned elements. This was aggravated by the tendency to oppose natives and non-natives both at local and national level, and by the lack of clear political will to combat discrimination and inequality. The Worker members requested the Government to put an end to the climate of xenophobia and racism; to combat direct and indirect discrimination against migrants; to review its recent legislative initiatives; to apply Articles 10 and 12 of the Convention; to establish a truly independent national institute for the fight against discrimination; to take the necessary measures to assist victims in the enforcement of their rights; and to effectively punish discrimination and all forms of racism.

The Government member of Portugal, also speaking on behalf of the Government member of Spain, stated that they condemned any act of violence against human rights, as well as any situation of intolerance or discrimination that arose in any country against migrants, including illegal immigrants.

With regard to Italy, she stated that special attention should be paid to the efforts the country had made to tackle and overcome immigration problems within its territory, both through legislative measures and by creating relevant administrative and consultative bodies. Furthermore, it was important for the Conference Committee to consider the social tensions occurring in Italy as a result of mass arrivals of undocumented immigrants, both by land and by sea, a climate which the Italian Government should do everything possible to avoid. Taking all this into account, it did not seem reasonable that Italy had been invited to appear before the Committee side by side with other States where human and social rights were violated.

To conclude, the speaker underlined the fact that only 23 countries had ratified Convention No. 143, adopted in 1975, and that Portugal was one of them. She added, however, that despite the fact that Portugal also had a large number of immigrants from Africa, Brazil and Eastern Europe, it had not faced such serious problems to date as those currently experienced in Italy.

The Worker member of Italy, echoing calls for further ratifications of Convention No. 143, recalled that, in 1981, when Italy had become one of the few countries to ratify the Convention, it had still been more of a sending country of migrants than a receiving one, since many of its citizens had moved abroad in search of better living conditions. He underlined that Italy was a democratic country with laws providing for the protection of fundamental human rights, which, however, were not always automatically translated into reality or fully enjoyed by citizens.

He stated that the right to religious freedom, while respected on paper, had met with interference at local level, where controversies had arisen over the construction of mosques and praying in public. Voting rights, including the right to administrative voting, were only accorded to Italian citizens. With regard to access to citizenship, the “Security Reform” before Parliament would extend the required term of legal domicile in Italy after celebration of marriage from six months to two years. Citizenship on grounds of residence could only be applied for after ten years and was difficult and costly to obtain. Act No. 125 of 2008 called into question the essential civil principle of equality before the law, as it amended section 61 of the Criminal Code by introducing the circumstance of “general aggravation”, if a crime was committed while the culprit was staying illegally within Italian territory.

With regard to the abolition of discrimination, the fundamental duties of the Office for the UNAR of the Ministry of Equal Opportunities included reporting and fighting direct discrimination generated by individual and collective behaviour, but did not include combating indirect discrimination and removing legislative provisions incompatible with Convention No. 143 or the Italian Constitution.

National laws were not free from discrimination in respect of foreign citizens: access to public employment was denied to non-Italian citizens; social security provision was not uniform; foreign diplomas were often not recognized in Italy; and the enjoyment of certain allowances was expressly denied to non-Italians. In addition, there existed de facto discriminatory practices, for example with regard to wage levels among non-Italians and local regulations governing the use of certain social services, which were frequently restricted to persons with ten years’ residence in Italy.

The speaker added that Italy remained one of the European countries with the highest incidence of occupational accidents and diseases, and statistics showed that accidents were increasing disproportionately among migrant workers, who were often employed in irregular circumstances in the heaviest and most hazardous jobs and did not receive sufficient information on safety and health provisions. The Italian General Confederation of Labour (CGIL), the Italian Confederation of Trade Unions (CISL) and the Italian Labour Union (UIL) had repeatedly reported that the UNAR’s actions were inadequate for an institution supposedly independent from the Government, in charge of guaranteeing the full enforcement of non-discrimination rules and rejecting practices, including in the public sector, that were incompatible with those rules. The Commission for Human Rights of the Council of Europe had echoed this view in a report published in 2009.

With regard to Article 8 of the Convention, equal treatment of migrant workers losing their jobs was not guaranteed. They could continue to hold residence permits for only six months, while unemployment benefits for dismissed Italian workers were paid for eight to 12 months and other benefits for up to one year. In May 2009, the Ministry of the Interior had instructed Prefects to restrictively implement the current law, which provided for residence permits of at least six months for dismissed or unemployed legal migrants, thereby obstructing provisions agreed between local authorities and the social partners, to allow residence permits to be extended for up to one year, in view of the global economic crisis.

In relation to Article 9 of the Convention, irregular migrant workers were not currently guaranteed compensation for their labour, much less social security benefits. Many such workers who had reported violations in this regard by their employers had been expelled from the country and were thus deprived of the opportunity to take legal action. Section 11 of Act No. 189 of 2002 (“the Bossi-Fini Act”) provided for up to three years’ detention for employing irregular workers, but very few employers had been reported and even fewer convicted. If Decree Law C.1280 were approved and illegal migration made a criminal offence, it would be possible to expel illegal migrants without their cases being reviewed by a magistrate; approval by a justice of the peace would suffice. Expulsion would ensure that the possibility to claim rights before a competent authority would remain merely theoretical.

The speaker stated that, in 2006, the Government, in response to union lobbying, had extended the application of section 18 of the Unified Text of Legislative Decree No. 286 of 25 July 1998 on immigration to include serious cases of exploitation at work. Proven cases of serious exploitation reported by victims and verified by the authorities could now give rise to the grant of a residence permit for humanitarian reasons and to a protected process of integration. However, the rule was very restrictive and had not affected the proliferation of cases of forced labour, which was now very common in agriculture, home care and the construction sector. Lastly, the Government did not guarantee travel costs in the event of expulsion. Migrants who did not comply with expulsion orders could be arrested and sentenced to up to four years’ detention.

He considered that Articles 10 and 12 of Convention No. 143 were systematically disregarded, and public thinking was tending against immigration, irregular or otherwise. The use of words such as “illegal migrant” and “criminal” and the criminalization of entire ethnic groups were part of a campaign started in the political sphere and exacerbated by the media that generated intolerance towards all foreigners, with serious consequences in terms of individual or collective acts of racism and xenophobia. Several measures against migrants had been adopted by municipal authorities, and the public was susceptible to the idea that respect for fundamental human rights could be overlooked, for example in rejecting boat-people arriving from North Africa, who were denied the prospect of political asylum. A recent report by Amnesty International had raised many concerns about this policy, which resulted from cooperation with the Government of the Libyan Arab Jamahiriya and was characterized by little transparency and lack of conditions imposed on the Libyan Government in terms of human rights. The Commissioner for Human Rights of the Council of Europe had also expressed disapproval regarding the forced return of irregular migrants to countries that did not guarantee full respect for human rights. The continuing flow of boat-people across the Mediterranean Sea proved that the agreements to deter irregular migration were not effective. Finally, the speaker stated that, in fact, many administrative and legislative provisions, which intended to tackle irregular immigration, threatened to affect the victims of trafficking and exploitation more than the perpetrators.

The speaker stated that the provisions of the “Security Reform” awaiting approval seemed to confirm the intention to create a separate body of laws penalizing migrants, in particular irregular migrants, with serious consequences in terms of violations of human and civil rights. Criminalizing illegal immigration would turn what was now a misdemeanour into a criminal offence. This could have a knock-on effect on the behaviour of civil servants, who would be in breach of section 328 of the Criminal Code if they failed to report an “illegal” migrant. Even though the original provisions of the “Security Reform” allowing physicians and school head teachers to report irregular migrants they encountered in the course of their work, had been withdrawn, it might not prevent persecutory attitudes against patients and pupils, especially as criminalizing illegal immigration would result in the same provisions being implemented by civil servants. Media coverage had already caused many irregular migrants to avoid contact with the public health-care system. The situation not only constituted a grave violation of article 32 of the Constitution and section 2 of the Unified Text of Legislative Decree No. 286, but threatened the welfare of migrants and society as a whole.

Turning to the issue of Roma and Sinti populations, he indicated that no specific instruments had been passed in that regard but that orders had been issued granting extraordinary powers to the Prefects of Milan, Rome and Naples to demolish unauthorized gipsy camps. While fingerprinting minor nomads had been abandoned following opposition, including from the European Union, individual data collection had brooked strong criticism. Of particular concern was the emergency-like approach to the issue by the authorities, despite the fact that there had been Roma and Sinti in Italy for six centuries, a large majority of whom had become integrated. What the country lacked was a well-defined integration policy on housing, schooling and employment, as underlined by the Commissioner for Human Rights of the Council of Europe.

The speaker asserted that the issue of Roma people (and, by extension, Romanians) was being used to stir up public opinion and encourage violent behaviour. Mistreatment of and violence against Roma, Sinti and migrants, including some serious attacks, were occurring with increasing frequency, and there had even been an attack on the office of the International Organization for Migration in Rome. Laws awaiting approval contained two provisions specifically relating to Roma and Sinti populations: one introducing stricter rules to combat the use of minors for begging, and one that made the grant of resident status conditional on proper housing conditions, which could hardly be satisfied by people living in camps.

In conclusion, he considered that, although Italy’s laws enshrined important principles concerning respect for human rights and the value of individuals, regardless of origin, race or religious belief, they also included discriminatory provisions that should be removed. Remarkable delays were seen with respect to the full and effective application of the principle of equality for all. In this context, the economic crisis and poisoned political climate did not help. Unfortunately, the bodies established to safeguard equality and promote harmonious coexistence, such as the Ministry of Equal Opportunities, had proved insufficiently independent and ineffective.

The presence of more than 800,000 irregular migrants in Italy and public perception of the Government’s inability to handle the situation, exacerbated by the economic crisis, had provoked increased exclusion and hostility, prompting 27 civil society organizations to launch a national campaign against racism and xenophobia. In this regard, the speaker indicated that the report by the European Network Against Racism contained important recommendations. However, the Government’s decision to stop immigration flows for 2009 and to enact draconian measures on migrants’ living conditions, would not only compromise the fight against irregular immigration, but would also worsen the existing climate of conflict and misunderstanding within the civil community.

The Worker member of Senegal indicated that the issues of non-observance of Convention No. 143, as raised by the Committee of Experts, echoed the findings of a report drawn up by Amnesty International concerning the violations of the rights of migrants and asylum seekers. The above report denounced in particular the forced expulsion of illegal migrants or asylum seekers to their country of origin, regardless of the Geneva Convention relating to the Status of Refugees and the European Convention on Human Rights. These violations recalled the warning issued by the Commissioner for Human Rights of the Council of Europe against bilateral or multilateral agreements relating to the forced return of illegal migrants to certain countries. Italy, which at the time of ratification of Convention No. 143 had been a country of emigration, had received in the meantime 1,510,000 immigrant workers who contributed to 10 per cent of its GDP. The speaker stressed that the country needed to take concrete measures to guarantee that all those migrant workers, regardless of their status, be treated with dignity, and that their rights be respected just like the rights of other workers. The Conference Committee should therefore urge the Italian Government to take all necessary steps for achieving this goal.

The Worker member of the United States supported the remarks and recommendations made by the Workers’ spokesperson. He wished to add that recent societal trends coupled with a struggling economy, had moved the public away from tolerance of immigrants. To make matters worse, and notwithstanding the ratification by Italy of Convention No. 143 in 1981, some elected officials, bent on political gain, had attempted to irresponsibly capitalize on that trend. He qualified this as contrary to the requirements of Article 12(d) to repeal any statutory provisions and modify any administrative instructions or practices which were inconsistent with the policy for equality of opportunity and treatment of regular migrant workers; and also of Article 12(b) to enact such legislation and promote such educational programmes as to secure the acceptance and observance of that policy.

With a particular emphasis on the Roma of Romania, the speaker referred to the Committee of Experts’ condemnation of the aggressive and discriminatory rhetoric used by political leaders explicitly associating the Roma to criminality, thus creating an overall environment of hostility, antagonism and stigmatization among the general public. He stressed that, while the political climate had changed, the issue of immigration had not. As reported by the Worker member of Italy, the presence of the Roma in Italy dated back to the fifteenth century, but the Government had not yet adopted a comprehensive plan for Roma integration. On the contrary, the scarce resources were mostly aimed at relocating “gypsy camps” far from towns, thus confirming an approach oriented more on perceived security needs rather than human rights improvement.

He stated that, instead of acting as a conduit for change, the Government’s ineffective and futile attempts to protect the immigrant population had created divisions and ill will towards its immigrants. He shared the deep concern of the Committee of Experts at the increasing climate of intolerance, violence and discrimination against the immigrant population. Reprehensible acts against immigrants included hate speech, ill treatment, threats, attacks, beatings, arson, throwing of stones and overturning cars.

Lastly, the speaker endorsed the position of the Committee of Experts expressing the hope that the Government would act quickly to ensure the effective protection in law and in practice of the basic human rights of all migrant workers. He cautioned that, without corrective action, the situation would negatively impact on the basic level of protection of the human and labour rights and the living and working conditions of immigrants.

The Worker member of France observed that Article 1 of Convention No. 143 required the States which had ratified this instrument to respect the fundamental rights of all migrant workers including, therefore, those who were not in regular situation. Even if the Committee of Experts had not yet elaborated much on the concept of fundamental rights of migrant workers, migrant workers had to enjoy the same rights as other workers in so far as their status permitted it. The principle contained in Article 1 of Convention No. 143 conformed to the UN Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. At the European level, the declaration which had been adopted at the end of the Intergovernmental Conference in 2000 and integrated in the Treaty of Lisbon, which was in the course of ratification, formally recognized the unity and indivisibility of all human rights – social, economic, civil, political or cultural. Therefore, for the 27 Member States of the EU, the scope of rights provided for in Article 1 of Convention No. 143 implied a very large application to irregular migrant workers. Following a completely opposite direction, the Italian Government had chosen the path of ostracism as regards migrant workers, in a climate of worrying intolerance, that had been abused in the past when people had revelled in stigmatizing these workers and had even made them partially responsible for the world economic and financial crisis. He expressed the hope that Italy and other EU member States adopted a policy of tolerance, solidarity and social cohesion with a view to overcoming the economic crisis and ensuring decent work for all. He also hoped that the supervision of the application of ILO Conventions Nos 143 and 97, and other relevant international Conventions would provide a good opportunity to take stock of the state of health of democracy in the countries that had ratified them.

The Employer member of Italy recalled that Convention No. 143 had very ambitious and important aims, namely to regulate migration flows, to combat illegal migration and to promote equality of opportunity and treatment for all migrant workers regardless of status. Italy was among the 23 countries that had ratified the Convention. The speaker welcomed the detailed information supplied by the Government, which once again demonstrated its strong commitment to the principles of the Convention.

Migration had become a key feature in a globalized world, and in the last 15 years, the number of immigrants had risen significantly, which had entailed the need for adjustments in society, and in particular in the labour market to address the challenges of integration and equality. She believed that Italy’s advanced and detailed legal framework provided protection to migrants going well beyond international standards and EU provisions. Moreover, the well developed collective bargaining system enabled the conclusion of collective agreements addressing issues essential to migrant workers such as training, housing, food needs and leave. In her view, the abovementioned signs of a positive integration of migrant workers in Italian companies were confirmed by an increase in the number of migrant workers becoming union representatives.

The speaker stressed, however, that migration could also lead to illegal situations. Employment of illegal migrant workers created unfair competition for the vast majority of enterprises respecting the law and led to losses in tax and social security revenues. At the same time, illegal migrant workers were more vulnerable to become victims of abuse and exploitation. She expressed her firm opposition to any form of abuse or exploitation of migrant workers, considering that this humanitarian aspect of the issue had to be dealt with on a priority basis. She indicated that the existing legislative framework provided for inspections and sanctions for illegal employment, and that employers collaborated with the Government in line with Convention No. 143, which recognized the specific role of the social partners. The employers engaged, often together with the unions, in projects to tackle undeclared work and promote social inclusion of migrants, and paid special attention to migrant workers in training sessions on occupational safety and health.

In view of the above, the speaker felt that the comments of the Committee of Experts did not accurately reflect the reality of Italian companies and the situation in the country. The complex phenomenon of illegal migration could only be tackled through broad policies and international cooperation. While the protection of human rights of migrant workers irrespective of their status should be enforced, this needed to go hand in hand with efforts to put in place efficient and flexible channels for legal migration flows, to coordinate with the migrants’ countries of origin, to fight against organized crime and to repatriate illegal migrants while respecting their legitimate rights. She considered that a comprehensive and balanced strategy for Italy to face the challenges of migration was crucial, as the country represented one of the main entry points into Europe.

The Government representative of Italy took due note of the observations made before the Conference Committee and thanked the Government members of Portugal and Spain, as well as the Employer members for expressing their solidarity and underlining the EU dimension of the issue of migration. In his view, the written and oral information provided by his Government had adequately addressed most of the points raised during the discussion. The Government pledged to supply further information to the Committee of Experts by 1 September 2009. With regard to the remarks of the Worker members concerning the Security Package, he reiterated that the text only represented a draft bill and had not yet been approved. As to the supposed climate of xenophobia, violence and discrimination in Italy, the speaker rejected those comments as a groundless simplification of the situation in his country.

The Employer members identified one area of common agreement with the Worker members, namely that the problem of migration was not limited to Italy but rather existed in all European countries to different degrees according to the migration influx. The Employer members believed that this fact needed to be appreciated and the difficulties recognized.

In their view, there were two ways to evaluate the situation. While for the Worker members the glass was half empty, for the Employer members the glass was more than half full. Expectations that compliance with Convention No. 143 would put an end to xenophobia in a country with substantial migration flows were deemed illusory.

The Employer members considered that the comments of the Committee of Experts relating to the present case were mainly based on the findings of other international bodies. The relevant observation lacked an appraisal by the Committee of Experts of the tangible facts. They believed that the discussion before this Committee had provided sufficient information for the Committee of Experts to undertake the much needed concrete assessment of Italy’s implementation of the Convention.

The Worker members noted the various initiatives which the Government had indicated to have taken in accordance with Convention No. 143, and also noted the statements made by the Governments of Portugal and Spain in this context. They deplored, however, that in reality, the situation in the field deteriorated, that central or local public authorities took measures which led to reducing the rights of migrant workers, and that as part of the suppression of illegal employment, their fundamental human rights had been attacked – rights which Article 1 of the Convention intended to guarantee for all migrant workers, whether in a regular or irregular situation.

They requested the Government to do everything in its power to end the climate of xenophobia, to combat direct or indirect discrimination of which migrant workers were victims, and to review the recent legislative initiatives, in particular the “Security Reform” and the proposed amendments to the Criminal Code aimed at combating illegal employment.

The Worker members requested, as the Employer members, that the Committee of Experts conducted an in-depth and detailed analysis of the legal provisions and practice in Italy on this matter, in order to evaluate which measures respected fundamental rights of migrant workers – including those who were in irregular situations – and were in conformity with Articles 10 and 12 of the Convention. They recommended that the Government should ensure that the national institute to fight against discrimination and inequality would be truly independent, and to take the necessary measures so that migrant workers who were victims of violations of their rights could receive full compensation.

In 2004, a general discussion at the Conference had been devoted to the situation of migrant workers and had been oriented towards an approach based on full and complete recognition of migrant workers’ rights. The Worker members concluded that, in the context of Convention No. 143, it was these rights, especially the fundamental rights of migrant workers – including those who were irregular – which had to be the reference point of national policies on this matter.

Conclusions

The Committee took note of the comprehensive written and oral information supplied by the Government and of the discussion that followed.

The Committee noted that the Committee of Experts’ observation, while having noted the Government’s affirmation to protect and respect the rights of migrant workers and the measures taken to promote equality, had expressed concern regarding reports indicating an apparent high incidence of discrimination and violations of human rights, particularly of undocumented workers coming from Africa, Eastern Europe and Asia, and immigrants of Roma origin.

The Committee noted the information provided by the Government on the national legal framework, the practical measures taken and administrative bodies established to protect human rights, combat racism and discrimination against migrant workers and to promote their equality of opportunity and treatment in the labour market. The Committee also noted the measures taken or envisaged to promote the social and employment integration of immigrants and Roma and Sinti communities. The Government had also indicated its serious concern regarding the stigmatization of certain ethnic and immigrant communities.

With respect to the protection of the basic human rights of irregular migrant workers, the Committee acknowledged that the phenomenon of irregular migration was a complex and global issue. The Committee noted the particular challenges faced by Italy in addressing the rapid increase in immigration flows and in protecting the basic human rights of migrant workers. The Committee noted that the Government was taking certain measures, including through enhanced labour inspection, aimed at combating illegal employment and irregular migration of migrant workers, while at the same time improving compliance with the laws and regulations concerning conditions of work and strengthening assistance measures. Furthermore, the Committee took note of recently proposed legislative initiatives, in particular the so-called Security Reform, targeting irregular migration and the illegal employment of migrants.

In light of the above, the Committee noted that the global financial crisis had created additional challenges for governments when addressing issues of irregular migration and equality between migrant workers and nationals in the labour market. It had provoked a rise in racism and tensions between different groups in Italy and elsewhere. Considering that these were issues of a global nature, and in the case of Italy, of a particularly European nature, the Committee believed that the hosting of a forum on these matters, with the assistance of the ILO, should be given due consideration.

The Committee encouraged the Government to strengthen its efforts to promote tolerance and respect between all groups of society. With regard to migrant workers lawfully in the country, the Committee requested the Government to ensure full respect for the equality of opportunity and treatment of these workers with nationals, and to pursue its efforts, in cooperation with the social partners, to promote and ensure the observance of a national policy in this regard. The Government should take additional measures to ensure the effective protection of migrant workers against direct and indirect discrimination, in accordance with Articles 10 and 12 of the Convention, and to review its law and practice in this regard. The Committee further asked the Government to undertake a detailed analysis of the recent amendments to the Penal Code concerning irregular immigration and of the recent legislative initiatives proposed in the context of the Security Reform with a view to ensuring their compliance with the Convention. Measures should also be taken to ensure that irregular migrant workers were able to enjoy their basic human rights, in accordance with Article 1 of the Convention.

The Committee further expressed the firm hope that the full application of Convention No. 143 would be ensured, both in law and in practice, to all migrant workers, including those in an irregular situation. The Committee requested the Government to include in its report on the application of the Convention when it was next due, full information on all the matters raised by this Committee and in the comments of the Committee of Experts to allow an in-depth analysis of the application of the Convention in law and in practice.

Another Government representative of Italy thanked the Committee for the useful discussion and appreciated the opportunity that had been provided to explain the situation and the manner in which legislative and other measures in the country were addressing the very important problems involved. The discussion had also provided an opportunity to extend the debate beyond her country to the situation of other nations, particularly in the European Union, that were also faced by significant immigration.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Part I. Migration in abusive conditions. Articles 2–6 of the Convention. Manpower trafficking. In its previous comments, the Committee asked the Government to continue to provide information on the measures taken to detect and suppress human trafficking and to prosecute those responsible for human trafficking from whatever the country from which they operate. It also asked the Government for information on the impact of the measures taken to address irregular migration flows as well as on the prosecution and punishment of those responsible for organizing irregular migration. The Committee notes the Government’s reference in its report to the National Action Plan against human trafficking and serious exploitation, which was adopted in 2016 and sets out strategies to prevent and address trafficking as well as to sensitize on these issues and reach out to the victims, envisaging, among others, measures to ensure that victims have information about the services for free legal assistance and psychological support that are available to them. The Committee also notes the Government’s indication that in the same year a coordinating committee was established, bringing together various ministries and national and local institutions, with a view to overseeing the implementation of the Plan. The Committee also notes the other measures to which it has referred in its observation. Finally, it further refers the Government to its comments under the Forced Labour Convention, 1930 (No. 29). The Committee requests the Government to continue to supply information on the measures taken to combat manpower trafficking and to prosecute those responsible for it. It also encourages the Government to undertake periodic assessments of the actions taken and to provide information on the results obtained.

Articles 8 and 9. Expulsion. In its previous comments, the Committee requested the Government to indicate the number of workers who have contested an expulsion order which has been suspended, and who have subsequently been allowed to reside in the country for the duration of the case, and to provide information on any refusal and the reasons for such refusal. The Committee notes the information provided by the Government concerning the number of expulsions executed and those suspended, disaggregated by nationality. The Committee recalls that, in the past, the Government explained that appeals to the ordinary courts against decisions ordering expulsions do not suspend the effectiveness of the decision, but that the applicant is still entitled, simultaneously with the appeal to the court, to request provisional suspension of the execution of the decision. In such a case, the court is required to assess the matter and grant a suspension of the order when there are well-founded reasons for considering that its execution may cause serious and unjust harm to the applicant. The Committee asks again the Government to provide information on the number of cases where the suspension of the expulsion order has been refused and the reasons for such refusal. Please also continue to provide information on the number of workers who have contested an expulsion order, which has been suspended, and who have subsequently been allowed to reside in the country for the duration of the case.

Article 9(4). Regularization. In its previous comments, the Committee requested the Government to provide information, disaggregated by sex and sector of activity, on the number of workers who have benefited from the measures under section 5 of Legislative Decree No. 109/2012, which provided the possibility for employers who had illegally employed for at least three months, third-country nationals staying in Italy from at least 31 December 2011, to declare the employment relationship to the one-stop-shop for immigration (so called “voluntary disclosure”). The Committee also requested the Government to indicate if similar procedures of regularization have been adopted or are envisaged in the near future. The Committee notes the Government’s indication that, following the regularization procedure provided for by Legislative Decree No. 109/2012, 134,775 workers were regularized, of which 35,877 were women. The Committee notes that, in the case of both men and women, the vast majority of the workers regularized were engaged in domestic work, followed, for men, by the agriculture and construction sectors, and for women, by trade and hotel and restaurant sectors. The Government also informs that no other similar procedures of regularization are envisaged at the moment. However, the Committee notes that in May 2020, the Government announced the regularization of the status of migrant farm workers - a measure responding to the COVID-19 pandemic, to prevent the spread of the virus in the settlements where many migrant workers live but also the labour shortage. According to article 110-bis of the Legislative Decree No.34 (published on 19 May 2020) dubbed ‘The Relaunch Decree: migrants who have previously worked in the agriculture, fishing, care and domestic work sectors can ask to regularize their status through two different procedures: (1) in the first track, third-country nationals who have been in Italian territory without a valid residence permit since October 2019 can apply for a six-month residence permit to look for a job; and (2) in the second track, employers will be able to apply to regularize their foreign and Italian workers without a regular contract by putting in place proper employment contracts. The Committee asks the Government to provide information, disaggregated by sex and sector of activity, on the number of workers who have benefited from the measures under this new Legislative Decree.

Part II. Equality of Opportunity and Treatment. Articles 10 and 12. National policy on equality of opportunity and treatment of migrant workers. In its previous observation, the Committee asked the Government to continue to provide information on developments with respect to the national policy on equality of opportunity and treatment of migrant workers, including cooperation with employers’ and workers’ organizations. The Committee also requested the Government to indicate the impact of the action taken to implement the national policy including the multi-annual programme 2007–13, and any obstacles encountered. It further asked the Government to provide specific information on the measures adopted to address the remuneration gap between national and migrant workers, particularly in sectors where the gap is the highest. The Committee notes the information provided by the Government on various initiatives aimed at the integration of migrant workers which were conducted by the territorial authorities and encompass: the organization of education services in a multicultural context; access to public services and initiatives to labour integration. In this regard, the Committee notes in particular the information provided by the Government concerning the programmes INSIDE and PERCORSI which are intended to promote the insertion of foreigner workers and foreign youth in the labour market through targeted professional training and partnerships with main actors in the labour market. The Committee also notes the Government’s indication that in 2019 the programme “PUOI”, was launched to follow-up on the achievements and activities of the programme INSIDE, envisaging 4,500 actions for labour and social integration targeting vulnerable segments of the regular migrants’ population. The Committee however notes that the Government does not provide information on the specific measures adopted to address the remuneration gap between national and migrant workers.

The Committee notes from the half-yearly note on “The foreigners’ labour market in Italy”, published in January 2020 and available on the website of the Ministry of Labour and Social Policies, that, from the second quarter of 2018 to the second quarter of 2019, there was: (1) an increase in the number of non-EU foreigners in employment, especially in real estate, business and other services, as well as transport and warehousing; (2) a boom in EU nationals employed in Financial and Insurance Activities and in Transport and Warehousing; (3) a dramatic decrease of foreign workers in Information and Communication Services; and (4) a notable decrease of non-EU workers in agriculture, hunting and fishing and education, healthcare and other social services and a decrease in EU workers in commerce and in the construction industry. The Committee also notes from the IX Report on “The foreigners’ labour market in Italy” of 2019 that “While on the one hand Italy is among the few OECD countries where immigrants have a higher employment rate than native-born Italians, on the other, job quality is often quite low. A higher rate of poverty among immigrants is a problem in most OECD countries, and even more so in Italy” (p. 42). The Committee requests the Government to continue to provide information on the implementation of the national policy on equality of opportunity and treatment of migrant workers, including in particular information on its impact on ensuring equality of opportunity and treatment for migrant workers in respect of access to employment and occupation, conditions of work, notably hours of work, rest periods, annual holidays with pay, occupational safety and health measures, equal remuneration for work of equal value, and social security and membership of trade unions, and any obstacles encountered. The Committee also reiterates is request for information on the specific measures adopted to address the remuneration gap between national and migrant workers, particularly in sectors where the gap is the highest.

National Office against Racial Discrimination (UNAR). In its previous comments, the Committee requested the Government: (1) to take the necessary measures to ensure that the National Office against Racial Discrimination (UNAR) has full economic and human resources to be able to carry out its activities adequately; (2) to continue to provide information on the measures adopted by UNAR with respect to the prevention of discrimination against migrant workers, the promotion of equality of opportunity and treatment and awareness-raising campaigns and their concrete impact; (3) to provide information on the results of the complaints submitted by migrant workers to UNAR; (4) to provide information on the outcome of the national survey on discrimination by ethnicity, sexual orientation, gender and immigration; and (5) to take the necessary measures to increase migrant workers’ awareness of job opportunities available through the employment centre, given that, according to the Annual Report on Migrants in the Italian Labour Market by the Ministry of Labour and Social Policies, the unemployment rate of migrant workers has increased exponentially during the last years due to the economic crisis. The Committee notes the Government’s indication that UNAR receives approximately €2,035,357.00 yearly to carry out its activities. Concerning UNAR’s work to prevent discrimination and promote equality of opportunity and treatment for migrant workers, the Government informs that, according to UNAR’s findings, the majority of cases of discrimination on the basis of race and ethnic origin at work concerned access to public employment. As regards private employment, the cases brought to UNAR’s attention referred to discriminatory working conditions of migrant workers who, according to the complaints received, are often given the heaviest tasks and are subjected to the least convenient working times. Finally, some migrant workers complained about harassment by colleagues and supervisors, and discriminatory dismissals. The Committee notes that, when it receives information about these cases of discrimination, UNAR, with the consent of the worker concerned, often mediate directly with the employer to address the case or seek the cooperation of the trade unions. The Committee also notes from the latest report by UNAR, available on its website, that in 2018, of the 2,864 cases of discrimination on the basis of race and ethnic origin examined (representing 70.4 per cent of the total), 658 were motivated by the fact that the victim was perceived as a “foreigner”. It also notes that 10 per cent of the cases brought to the attention of UNAR concerned discrimination based on religious grounds. Only a minority of all these cases concerned the workplace. The Committee requests the Government to continue to provide information on the activities conducted by UNAR with view to promoting equality of opportunity and treatment for migrant workers and on the number of cases of discrimination brought to its attention by migrant workers and their outcome. Please also inform on any developments concerning the undertaking of a national survey on discrimination by ethnicity, sexual orientation, gender and immigration, which was mentioned in the past. The Committee further reiterates its request for information on any measures adopted to increase migrant workers’ awareness of the job opportunities available through the employment centre.

Social security. Survivor’s benefits. The Committee notes from the website of the National Institute for Social Security (INPS) that, in the event that a migrant worker who has returned to his/her country of origin dies after the age of 66, survivors’ benefits are recognized in accordance with the same conditions applying to nationals. The Committee asks the Government to indicate the regime applying to the case of death of a migrant worker, who has returned to his or her country of origin, before his/her retirement age and to provide information on any bilateral or multilateral agreement adopted to ensure equal treatment in respect of survivor’s benefits for regular migrant workers.

Integration agreements. In its previous comments, the Committee referred to Decree No. 179 of 14 September 2011 regulating the “integration agreements”, which are concluded between third country nationals entering the territory for the first time and the State. Pursuant to these agreements, the State undertakes to support the integration of foreign nationals offering free language and civic training and information sessions to foreigners who, in turn, undertake to respect all duties set out in the Charter of Values of Citizenship and Integration of 2007 and to obtain a certain amount of credits over a period of two years. The agreement can be obtained through One-Stop-Shops at the Prefecture of Police Headquarters. In this regard, the Committee requested the Government : (1) to indicate how it is ensured that the one-stop-shops have the necessary physical, human and financial resources to carry out their duties concerning the implementation of the integration agreements and to indicate any obstacles encountered; (2) to provide statistical information on the number of integration agreements concluded, the number of cases of non-compliance of the agreements and the consequent cancellations of residence permits and the reasons put forward for such cancellations; and (3) to provide information on any administrative and judicial actions filed concerning the implementation of the integration agreements. The Committee notes the information provided by the Government on the number of integration agreements concluded as of 27 March 2017. It notes that two agreements were suspended; 15 reported as not complied with; 7,377 as only partially complied with; and 4,674 as fully complied. The Committee asks the Government: (i) to continue to provide information on the number of integration agreements concluded and the number of cases of non-compliance of the agreements and to supply information on the consequent cancellations of residence permits and the reasons put forward for such cancellations; (ii) to provide once again information on any administrative and judicial actions filed concerning the implementation of the integration agreements; and (iii) to indicate any obstacle encountered by the one-stop-shops in carrying out their duties concerning the implementation of the integration agreements.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Part I. Migration in abusive conditions. Articles 2–7 of the Convention. Multilateral and bilateral cooperation. In its previous observation, the Committee noted the complex and global nature of the phenomenon of irregular migration as well as the efforts deployed by the Government to find solutions to address migration in abusive conditions, and requested it to continue to take all necessary measures to promote national (through cooperation with workers’ and employers’ organizations), bilateral, multilateral and regional cooperation to address the issue of irregular migration with full respect to migrant workers’ human rights and to prosecute and punish those organizing and assisting in clandestine movements of migrants. The Committee also asked the Government to provide information on any developments in this regard as well as on all the measures adopted at national level to ensure respect, in law and in practice, of the human rights of all migrant workers. The Committee notes the information provided by the Government in its report about the Italian Agency for Development Cooperation (AICS) – established by Law No. 125 of 2014 – which is in charge of actions focused on migration and development, including research aimed at identifying the most suitable approaches to ensure safe, orderly and regular migration; and programmes and projects directed at ensuring a safe, orderly and regular migration. In this framework, in 2017, the AICS published a report on “Sustainable migration: Interventions in the country of origin” laying down a number of policy interventions to combat migration in abusive conditions, ranging from active labour policies, education, professional training and investments in the countries of origin, to “preparatory” programmes for migrants workers and policies for circular migration, among others. The Committee further notes the Government’s indication that the work of AICS also involves organizations and associations of migrants in Italy. In addition, the Government informs that it has contributed to the design of the European Union’s (EU) External Investment Plan (EIP) that provides the framework for investments in Africa and in the neighbouring countries of the EU with a view to promoting sustainable interventions to tackle some of the root causes of migration. Concerning international cooperation, the Committee also notes that the Government provides detailed information on the range of agreements signed, as of April 2017, to address the issue of irregular migration and regulate repatriation, including bilateral agreements with European and non-European countries, such as Algeria, Egypt and Nigeria, among others, and memoranda of understanding with several countries, encompassing, for example, Gambia, Ghana, Malta, Niger, Senegal, and Sudan. The Committee further notes from the website of the Government that in 2017 a Memorandum of Understanding was reached with the Government of Libya on “cooperation in the fields of development, the fight against illegal immigration, human trafficking and smuggling and on reinforcing the security of borders between the State of Libya and the Italian Republic”, which has been criticized by various actors for its impact on the human rights of migrants, including more recently by the Commissioner for Human Rights of the Council of Europe (CoE) who asked for the suspension of the cooperation activities in place with the Libyan Coast Guard that impact, directly or indirectly, on the return of persons intercepted at sea to Libya until clear guarantees of human rights compliance are in place (statement of 30 January 2020) and asked all CoE Member States to urgently review their cooperation activities (Recommendation on bridging the protection gap for refugees and migrants in the Mediterranean, June 2019).

As regards the measures adopted at national level to ensure respect of the human rights of all migrant workers, the Committee notes the information provided by the Government on a number of legislative measures adopted, including: the increase by 20 per cent of the sanctions against the employer of a migrant worker who lacks the permit of residence or whose permit is expired, introduced by Legislative Decree No. 151 of 2015 amending section 22 of Legislative Decree No. 286 of 1998 (Consolidated Immigration Law); and the measures directed at combating labour exploitation in agriculture, adopted with Law No. 199 of 2016. In this respect, the Committee notes, in particular, the protocols signed between various ministries and public authorities to tackle the illegal intermediation of labour and the exploitation of agricultural workers “caporalato” in collaboration with trade unions, civil society organizations and the organizations of agricultural businesses. On the other hand, the Committee notes that the Government provides information about the difficulties faced in combating the trafficking of migrants, especially when this happens via the sea, due to the strategies adopted by the responsible criminal organizations to elude the jurisdiction of destination countries. The Committee also notes the Government’s indication that the difficulties have been exacerbated further in recent times because smugglers now select, from the trafficked persons, young persons who have fishing experience or can speak English and leave to them the conduct of the boats beyond the territorial waters of the country of origin.

Acknowledging the efforts of the Government and emphasizing the continuing need for multilateral cooperation and cohesive action, particularly at European level, to address, in a comprehensive and effective manner, migration in abusive conditions, the Committee requests the Government to continue to take measures to promote cooperation at various levels to address irregular migration with full respect of migrant workers’ human rights. The Committee also requests the Government to provide information in this respect, including on any progress made in overcoming the difficulties currently faced in counteracting the trafficking of migrants and prosecuting the authors. The Committee also asks the Government to provide information on the actions taken by the AICS to ensure safe, orderly and regular migration and to continue to supply information on the measures adopted at national level to ensure respect, in law and in practice, of the human rights of all migrant workers. It further encourages the Government to review its Memorandum of Understanding of 2017 with Libya with a view to ensuring respect for the human rights of all migrant workers.

Articles 1 and 9. Minimum standards of protection. Access to justice. The Committee recalls that in its previous observation it underlined that access to justice, including adequate access to assistance and advice, is a basic human right which must be guaranteed to all migrant workers in law and in practice and highlighted the importance of providing for effective and speedy legal procedures. In this regard, the Committee requested the Government : (1) to indicate the specific scope of the term “particularly exploitative working conditions” provided for in article 1(1)(b) of Legislative Decree No. 109/2012 – which contemplates the issuance of a six-month residence permit on humanitarian grounds for those third country nationals who in cases of “particularly exploitative working conditions”, lodge complaints or cooperate in criminal proceedings against employers, at the initiative or with the favourable opinion of the courts; (2) to provide information on how it is ensured in practice that all migrant workers in an irregular situation can seek redress from the courts with respect to violation of their rights arising out of past employment including non-payment or under-payment of wages, social security and other benefits; (3) to provide data disaggregated by sex and origin on the number of migrant workers in an irregular situation that have filed administrative or judicial claims with respect to violations of their basic human rights or rights arising out of past employment; (4) to provide information on the manner in which adequate legal defence for migrant workers in an irregular situation is ensured, including in detention centres; and (5) to continue to provide information on inspections carried out in the construction and agriculture as well as other sectors to detect illegal employment of migrants and the results achieved.

Concerning the specific scope of the term “particularly exploitative working conditions” provided for in article 1(1)(b) of Legislative Decree No. 109/2012, the Committee notes the Government’s indication that Law No. 132 of 2018 abrogated the temporary residence permit on humanitarian grounds, which was provided for by Legislative Decree No. 109/2012. The Government however informs that section 22 of the Consolidated Immigration Law, as amended by Law No. 132 of 2018, still stipulates that the foreign worker who lodges a complaint against his or her employer alleging “particularly exploitative working conditions” and cooperates in the related criminal proceeding, can be issued a special residence permit of the duration of six months, subject to the favourable opinion of the Public Prosecutor. Pursuant to section 22(12)(6) of the Consolidated Immigration Law, such special permit allows the possibility of taking up a job and can be converted, after its expiry, into a residence permit allowing wage-employment or self-employment. Concerning the notion of “particularly exploitative working conditions”, the Government refers to article 603bis of the Criminal Code, as amended by Law No. 199 of 2016, which defines the crime of illegal intermediation of labour and labour exploitation. The Committee notes that, according to this article, the existence of labour exploitation is presumed in presence of one of more of the following conditions: (1) reiterated payment of remunerations that do not correspond with what is established in the national or territorial collective agreements signed by the most representative workers’ organizations at national level, or that is not proportionate to the quantity and quality of the work performed; (2) reiterated violation of the norms regulating working time, rest periods and annual holidays; (3) breach of the norms governing occupational safety and health; and (4) subjecting the worker to working conditions, surveillance methods and housing conditions that are degrading. As regards migrant workers’ access to justice in practice, the Committee notes the Government’s indication that migrant workers who allege the non-payment or under-payment of wages, social security and other benefits are entitled to seek redress from the courts under article 2126 of the Civil Code, which provides for the payment of remuneration for the period in which the work has been performed as well as the payment of social security contributions on the part of the employer. The Government indicates that the complaint can be filed either by the concerned migrant worker or by a trade union or other association and explains that migrant workers in irregular situation can also denounce the situation before labour inspectors and the local offices of the national social security service. Furthermore, the Government indicates that on 10 February 2017 the Ministry of Interior and the Ministry of Labour and Social Policies adopted a joint decree defining the terms and modalities to ensure that illegally employed migrant workers have access to information concerning their rights and how to claim them, before the execution of any expulsion order, in accordance with European Directive 2009/52/CE. Based on this decree, an “information note” has been developed, containing information about the rights to remuneration and social security benefits as well as on the different avenues to claim these rights. The Committee notes the Government’s indication that this note is distributed to the workers by employers’ and workers’ organizations and by labour inspectors. The Committee also notes from the “information note” annexed to the Government’s report that such note is to be signed by the worker, to whom one copy of the document is given, while another copy is sent to the Immigration Office in charge of repatriation procedures. The Committee, however, notes that there is no indication as to the languages in which this note is available. It also notes that the information note does not provide information on the possibility that migrant workers have of obtaining a special resident permit in case of “particularly exploitative working conditions” under article 22 of the Consolidated Immigration Law. As far as the results of labour inspections are concerned, the Committee notes the information provided by the Government based on the data gathered by the National Labour Inspectorate in 2016. The Committee notes that the labour inspectors found 1,357 non-EU migrant workers in irregular situations, particularly in the industry and manufacturing sectors followed by the tertiary sector. The Committee further notes from the 2018 report of the Labour Inspectorate, available on its website, the specific information concerning the detection of illegal intermediation of labour and labour exploitation of workers, including migrant workers. In particular, the Committee notes that, in 2018, 7,160 inspections were undertaken in the agriculture sector, which found irregular situations in more than 50 per cent of cases. Of the 5,114 workers in irregular situations identified, 65.5 per cent did not have a contract and of these 263 were non-EU migrant workers without a residence permit. The Committee notes that, in total, the labour inspectorate identified 478 migrant workers as victims of exploitation, of whom 350 were in the agriculture sector, and 157 migrant workers without residence permits were equally victims of exploitation (130 in agriculture). Finally, the Committee notes that, in its concluding observations of 2017, the United Nations Human Rights Committee expressed concern at the absence of clear and effective procedures allowing migrant workers to complain about abusive working conditions, including in relation to outstanding pay (CCPR/C/ITA/CO/6, 1 May 2017, paragraph 28(d)). In light of all the above, the Committee requests the Government : (i) to indicate how it is ensured in practice that all migrant workers in irregular situations have access to complete information about their labour rights and the means of redress available, with appropriate safeguards for confidentiality, including the possibility of obtaining a “special residence permit”, in a language understandable to them, as well as to legal assistance, also in detention centres, including any measures adopted in this respect in collaboration with the social partners; (ii) to provide data disaggregated by sex and origin on the number of migrant workers in an irregular situation that have filed administrative or judicial claims with respect to violations of their basic human rights or rights arising out of past employment; (iii) to provide information on the number of complaints lodged by migrant workers alleging “particularly exploitative working conditions” (such as for example non-payment or under-payment of wages, social security and other benefits) brought to the attention of the labour inspectors and the results thereof (violations found, penalties imposed, repayment amounts ordered); and (iv) to provide information on the number of special permits granted under section 22(12)(6) of the Consolidated Immigration Law.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2013.

Repetition

The Committee notes the communication from the Italian Union of Labour (UIL), the Italian General Confederation of Labour (CGIL) and the Italian Confederation of Workers’ Trade Unions (CISL) dated 2 October 2012 and the Government’s reply thereto.

Articles 2 to 6 of the Convention. The Committee notes the adoption of Legislative Decree No. 109/2012 which complements national legislation in place and transposes European Directive 2009/52/EC of 18 June 2009 providing for standards on sanctions and measures against employers of illegally staying third-country nationals (the Sanctions Directive). The Decree increases the penalties according to the number of foreign nationals employed, the hiring of minors or the exploitative working conditions imposed. It also provides for an administrative penalty corresponding to the average cost of repatriation of the illegally employed worker. Regarding the measures to detect and suppress human trafficking, the Government refers to the already existing legislation and indicates that the main feature of the Italian legal system lies in the provisions of safeguards for victims of trafficking regardless of whether they cooperate or not with the police and the judicial authorities. The Committee further notes the introduction of section 603 bis to the Penal Code increasing the sanctions to those that organize illegal intermediation and labour exploitation through violence, threats or intimidation and establishes the criteria which determine the existence of exploitation. The Committee asks the Government to continue to provide information on measures to detect and suppress human trafficking and to prosecute those responsible for human trafficking from whatever the country from which they operate. Please provide information on the impact of these measures on irregular migration flows as well as on the prosecution and punishment of those responsible for organizing irregular migration.

Articles 8 and 9. Expulsion. The Committee notes the information provided by the Government concerning the numbers of workers expelled disaggregated by nationality, specifying the procedure followed for the expulsion. Noting that the information provided does not refer specifically to the previous request of the Committee concerning sections 13(5) and (8) of Legislative Decree No. 286/1998, it once again requests the Government to indicate the number of workers who have contested an expulsion order which has been suspended, and who have subsequently been allowed to reside in the country for the duration of the case. Please also provide information on any refusal and the reasons for such refusal.

Article 9(4). Regularization. The Committee notes the Governments’ information according to which, following the adoption of Law No. 102/2009 concerning the regularization of migrants in an irregular situation employed in family support and assistance work, out of 295,130 applications submitted, 237,495 were granted and 46,536 refused. A total of 2,865 had been withdrawn. The Committee notes in this respect that domestic workers represent 73 per cent of the applications for regularization. In this regard, the Committee notes with interest the ratification of the Domestic Workers Convention, 2011 (No. 189), on 22 January 2013. The Government refers to Legislative Decree No. 109/2012 which sets out specific procedures to encourage the regularization of immigrants unlawfully in the territory and makes provision for the widespread dissemination of information on the rights of migrant workers in an irregular situation. The Committee notes that article 5 (transitional provision known as “voluntary disclosure”) of Legislative Decree No. 109/2012 provided the possibility for employers who had illegally employed for at least three months, third-country nationals staying in Italy from at least 31 December 2011, to declare the employment relationship to the one-stop-shop for immigration. The Committee requests the Government to provide information disaggregated by sex and sector of activity, on the number of workers, who have benefited from the measures under section 5 of Legislative Decree No. 109/2012. Please also indicate if similar procedures of regularization have been adopted or are envisaged in the near future.

Articles 10 and 12. Equality of opportunity and treatment. The Committee notes the various activities carried out by the National Office against Racial Discrimination (UNAR) to ensure the effective application of the provisions on equal treatment to migrant workers. According to the Government, UNAR’s strategy has evolved in the past years in order to interact more actively with the local governments, non-governmental organizations and social partners focusing on specific actions for foreign women, Roma and Sinti communities, as well as awareness-raising campaigns. Moreover, renewed focus was given to: (i) the issue of discrimination at the workplace; and (ii) statistical research with a first national survey on discrimination based on ethnicity, sexual orientation, gender and immigration being carried out and in the development of monitoring activities to evaluate the degree of effectiveness of the protection provided through legislation and practice. In this regard, UNAR’s detection of cases of discrimination has increased considerably from 373 in 2009 to 1,050 in 2011. The further development of UNAR through an integrated network of local centres will allow a proper monitoring of cases as well as the creation of a database and prevention measures. The Committee notes that UNAR has the competence to investigate cases independently and that the Government provides detailed information on the cases of discrimination addressed by UNAR. The Committee notes however, that according to UIL, CGIL and CISL, UNAR has considerably reduced its personnel and migrant workers have little access to measures and policies of access to employment. In this respect the Committee notes that according to the Third Annual Report on Migrants in the Italian Labour Market from the Ministry of Labour and Social Policies only 50 per cent of unemployed migrant workers have declared having had contacts with the employment centre. The Committee requests the Government to take the necessary measures to ensure that the UNAR has full economic and human resources to be able to carry out its activities adequately. The Committee further requests the Government to continue to provide information on the measures adopted by UNAR with respect to prevention of discrimination against migrant workers, the promotion of equality of opportunity and treatment and awareness-raising campaigns and their concrete impact. Please provide information on the results of complaints submitted by migrant workers to UNAR. The Committee also asks the Government to provide information on the outcome of the national survey on discrimination by ethnicity, sexual orientation, gender and immigration. Finally, noting from the Annual Report on Migrants in the Italian Labour Market that the unemployment rate of migrant workers has increased exponentially during the last years due to the economic crisis, the Committee requests the Government to take the necessary measures to increase migrant workers’ awareness of the job opportunities available through the employment centre.

Integration agreements. The Committee notes the adoption of Decree No. 179 of 14 September 2011 regulating the integration agreements concluded between third country nationals entering the territory for the first time and the State, established by Legislative Decree No. 286/1998. Pursuant to these agreements, the State undertakes to support the integration of foreign nationals offering free language and civic training and information sessions to foreigners who, in turn, undertake to respect all duties set out in the Charter of Values of Citizenship and Integration of 2007 and to obtain a certain amount of credits over a period of two years. The agreement can be obtained through One-Stop-Shops at the Prefecture of Police Headquarters which play a key role in the promotion of integration and in the information provided to foreign citizens on their rights and duties. With respect to the comments of the UIL, CGIL and CISL concerning the fee of €80 to €200 for the issue of the residence permit, the Government indicates that pursuant to Law No. 94/2009 these fees correspond to requests for more than three months, one year or long term permits and are payable only the first time and not for the renewal of the permit. The Government also refers to those cases in which migrant workers are exempted from the payment of this fee. The Committee requests the Government to indicate how it is ensured that the one-stop-shops have the necessary physical, human and financial resources to carry out their duties concerning the implementation of the integration agreements and to indicate any obstacles encountered. The Committee further requests the Government to provide statistical information on the number of integration agreements concluded, the number of cases of non-compliance of the agreements and the consequent cancellations of residence permits and the reasons put forward for such cancellations. Please also provide information on any administrative and judicial actions filed concerning the implementation of the integration agreements.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2013.

Repetition

The Committee notes the communication from the Italian Union of Labour (UIL), the Italian General Confederation of Labour (CGIL) and the Italian Confederation of Workers’ Trade Unions (CISL) dated 2 October 2012 and the Government’s reply thereto.

Part I. Articles 2–7 of the Convention. Addressing migration in abusive conditions. Multilateral and bilateral cooperation. Over the past five years, the Committee has been referring to the serious vulnerability of migrant workers in an irregular situation to violations of their basic human and labour rights. The Committee notes with deep sadness the recent events that took place in Italian territorial waters, near the island of Lampedusa, which led to the death of more than 300 migrant workers. The Committee and the Conference Committee have previously acknowledged the particular challenges faced by Italy in addressing the significant increase in immigration flows and in protecting the basic human rights of migrant workers. They have also recognized that the phenomenon of irregular migration is a complex and global issue, and in the case of Italy of a particularly European nature. The Committee further notes that in their observations, the UIL, CGIl and CISL emphasize the need for more effective and cohesive European governance. The Committee draws the Government’s attention to the Declaration of the United Nations High-level Dialogue on International Migration and Development adopted on 1 October 2013 which recognizes the need for international cooperation to address, in a holistic and comprehensive manner, the challenges of irregular migration to ensure safe, orderly and regular migration, with full respect for human rights as well as the need to strengthen synergies between international migration and development at the global, regional and national levels. The Declaration also reaffirms the need to promote and protect effectively the human rights and fundamental freedoms of all migrant workers regardless of their migration status (see A/68/L.5, 1 October 2013, paragraphs 5, 6 and 10). While recognizing the broader dimension of this phenomenon and the Government’s efforts to find solutions to address migration in abusive conditions, particularly in this time of crisis, the Committee requests the Government to continue to take all necessary measures to promote national (through cooperation with workers’ and employers’ organizations), bilateral, multilateral and regional cooperation to address the issue of irregular migration with full respect of migrant workers’ human rights and to prosecute and punish those organizing and assisting in clandestine movements of migrants. Please provide information on any developments in this regard as well as on all the measures adopted at national level to ensure respect, in law and in practice, of the human rights of all migrant workers.

Articles 1 and 9. Minimum standards of protection. Access to justice. The Committee notes that as a result of routine inspection work by local and regional labour directorates in 2011, in the agriculture, construction, industry and other sectors, more than 2,000 workers in an irregular situation were detected. The Committee further notes that section 1(1)(b) of Legislative Decree No. 109/2012 provides for a six month residence permit on humanitarian grounds for those third country nationals who in cases of “particularly exploitative working conditions”, lodge complaints or cooperate in criminal proceedings against employers, at the initiative or with the favourable opinion of the courts. This residence permit may be renewed for one year or the maximum period needed to complete the criminal proceedings. The Government indicates that the irregular situation of migrant workers does not deprive them of their rights in terms of pay, contributions and the provisions in force on working hours and health and safety in the workplace as well as on the principle of non-discrimination. The Committee notes however that the UIL, CGIl and CISL indicate that trade unions have no access to either the Initial Reception Centre or the Asylum Seekers Reception Centre where migrants in an irregular situation are detained which prevents them from assisting and providing information to migrant workers. In this regard, the Committee emphasizes once again that access to justice, including adequate access to assistance and advice, is a basic human right which must be guaranteed to all migrant workers in law and in practice. The Committee highlights in this respect the importance of providing for effective and speedy legal procedures. The Committee requests the Government to indicate the specific scope of the term “particularly exploitative working conditions” provided for in article 1(1)(b) of Legislative Decree No. 109/2012 and to provide information on how it is ensured in practice that all migrant workers in an irregular situation can seek redress from the courts with respect to violation of their rights arising out of past employment including non-payment or under-payment of wages, social security and other benefits. In order to assess the effectiveness of the mechanisms in place, the Committee once again requests the Government to provide data disaggregated by sex and origin on the number of migrant workers in an irregular situation that have filed administrative or judicial claims with respect to violations of their basic human rights or rights arising out of past employment. The Committee further requests the Government to provide information on the manner in which adequate legal defence for migrant workers in an irregular situation is ensured, including in detention centres. Please also continue to provide information on inspections carried out in the construction and agriculture as well as other sectors to detect illegal employment of migrants and the results achieved.

Part II. Articles 10 and 12. National policy on equality of opportunity and treatment of migrant workers lawfully in the country. The Committee previously took note of the adoption by the Government of the Plan on Integration in Safety – Identity and Dialogue and requested information on its implementation. The Committee notes that the Government refers to the integration agreements as a new practical instrument under the Plan and indicates that they are still at the launch stage and therefore cannot yet be evaluated. The one-stop-shops for immigration play an important role in the promotion and support services for the training courses that foreign nationals undertake to attend under the integration agreements. The Government further refers to the activities and projects carried out in the framework of the multi-annual programme for the period 2007–13 put in place by the Central Directorate for Immigration and Asylum Policy of the Ministry of Interior following wide-ranging consultation of the institutional stakeholders. The Committee observes, however, that no information is provided on the concrete impact and results of the annual programmes that have already been in place since 2007. The Government also provides information on a range of measures aimed at promoting the integration of migrant workers and raising awareness about migration issues. The Committee notes in particular: the “Migrant Integration Portal” which offers a multitude of services to migrant workers, through a public–private network engaged in integration measures; a handbook on “Immigration: How, when, where – the handbook for integration” designed for those that have not yet arrived in Italy; a campaign for music, sports and integration, as well as the Co.In project, intended to help migrant workers to become integrated and Italian society to become aware of the mutual rewards of integration. Measures have also been taken to improve the approach of the media to immigration, including the drafting of a handbook on migration and the mass media and the organization of seminars. The Committee notes, however, that according to UIL, CGIL and CISL, migrant workers continue to be concentrated in the lowest income range (27.5 per cent of Italian and 55.9 of migrant workers) and are the most affected by unemployment. The Committee notes that this is confirmed by the third annual report on migrant workers in the Italian labour market from the Ministry of Labour and Social Policies, according to which the remuneration gap between national and migrant workers has increased considerably in the past years. The Committee asks the Government to continue to provide information on developments with respect to the national policy on equality of opportunity and treatment of migrant workers, including cooperation with employers’ and workers’ organizations. The Committee also requests the Government to indicate the impact of the action taken to implement the national policy including the multi-annual programme 2007–13, and any obstacles encountered. Please provide specific information on the measures adopted to address the remuneration gap between national and migrant workers, particularly in sectors where the gap is the highest.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes the communication from the Italian Union of Labour (UIL), the Italian General Confederation of Labour (CGIL) and the Italian Confederation of Workers’ Trade Unions (CISL) dated 2 October 2012 and the Government’s reply thereto.

Articles 2 to 6 of the Convention. The Committee notes the adoption of Legislative Decree No. 109/2012 which complements national legislation in place and transposes European Directive 2009/52/EC of 18 June 2009 providing for standards on sanctions and measures against employers of illegally staying third-country nationals (the Sanctions Directive). The Decree increases the penalties according to the number of foreign nationals employed, the hiring of minors or the exploitative working conditions imposed. It also provides for an administrative penalty corresponding to the average cost of repatriation of the illegally employed worker. Regarding the measures to detect and suppress human trafficking, the Government refers to the already existing legislation and indicates that the main feature of the Italian legal system lies in the provisions of safeguards for victims of trafficking regardless of whether they cooperate or not with the police and the judicial authorities. The Committee further notes the introduction of section 603 bis to the Penal Code increasing the sanctions to those that organize illegal intermediation and labour exploitation through violence, threats or intimidation and establishes the criteria which determine the existence of exploitation. The Committee asks the Government to continue to provide information on measures to detect and suppress human trafficking and to prosecute those responsible for human trafficking from whatever the country from which they operate. Please provide information on the impact of these measures on irregular migration flows as well as on the prosecution and punishment of those responsible for organizing irregular migration.

Articles 8 and 9. Expulsion. The Committee notes the information provided by the Government concerning the numbers of workers expelled disaggregated by nationality, specifying the procedure followed for the expulsion. Noting that the information provided does not refer specifically to the previous request of the Committee concerning sections 13(5) and (8) of Legislative Decree No. 286/1998, it once again requests the Government to indicate the number of workers who have contested an expulsion order which has been suspended, and who have subsequently been allowed to reside in the country for the duration of the case. Please also provide information on any refusal and the reasons for such refusal.

Article 9(4). Regularization. The Committee notes the Governments’ information according to which, following the adoption of Law No. 102/2009 concerning the regularization of migrants in an irregular situation employed in family support and assistance work, out of 295,130 applications submitted, 237,495 were granted and 46,536 refused. A total of 2,865 had been withdrawn. The Committee notes in this respect that domestic workers represent 73 per cent of the applications for regularization. In this regard, the Committee notes with interest the ratification of the Domestic Workers Convention, 2011 (No. 189), on 22 January 2013. The Government refers to Legislative Decree No. 109/2012 which sets out specific procedures to encourage the regularization of immigrants unlawfully in the territory and makes provision for the widespread dissemination of information on the rights of migrant workers in an irregular situation. The Committee notes that article 5 (transitional provision known as “voluntary disclosure”) of Legislative Decree No. 109/2012 provided the possibility for employers who had illegally employed for at least three months, third-country nationals staying in Italy from at least 31 December 2011, to declare the employment relationship to the one-stop-shop for immigration. The Committee requests the Government to provide information disaggregated by sex and sector of activity, on the number of workers, who have benefited from the measures under section 5 of Legislative Decree No. 109/2012. Please also indicate if similar procedures of regularization have been adopted or are envisaged in the near future.

Articles 10 and 12. Equality of opportunity and treatment. The Committee notes the various activities carried out by the National Office against Racial Discrimination (UNAR) to ensure the effective application of the provisions on equal treatment to migrant workers. According to the Government, UNAR’s strategy has evolved in the past years in order to interact more actively with the local governments, non-governmental organizations and social partners focusing on specific actions for foreign women, Roma and Sinti communities, as well as awareness-raising campaigns. Moreover, renewed focus was given to: (i) the issue of discrimination at the workplace; and (ii) statistical research with a first national survey on discrimination based on ethnicity, sexual orientation, gender and immigration being carried out and in the development of monitoring activities to evaluate the degree of effectiveness of the protection provided through legislation and practice. In this regard, UNAR’s detection of cases of discrimination has increased considerably from 373 in 2009 to 1,050 in 2011. The further development of UNAR through an integrated network of local centres will allow a proper monitoring of cases as well as the creation of a database and prevention measures. The Committee notes that UNAR has the competence to investigate cases independently and that the Government provides detailed information on the cases of discrimination addressed by UNAR. The Committee notes however, that according to UIL, CGIL and CISL, UNAR has considerably reduced its personnel and migrant workers have little access to measures and policies of access to employment. In this respect the Committee notes that according to the Third Annual Report on Migrants in the Italian Labour Market from the Ministry of Labour and Social Policies only 50 per cent of unemployed migrant workers have declared having had contacts with the employment centre. The Committee requests the Government to take the necessary measures to ensure that the UNAR has full economic and human resources to be able to carry out its activities adequately. The Committee further requests the Government to continue to provide information on the measures adopted by UNAR with respect to prevention of discrimination against migrant workers, the promotion of equality of opportunity and treatment and awareness-raising campaigns and their concrete impact. Please provide information on the results of complaints submitted by migrant workers to UNAR. The Committee also asks the Government to provide information on the outcome of the national survey on discrimination by ethnicity, sexual orientation, gender and immigration. Finally, noting from the Annual Report on Migrants in the Italian Labour Market that the unemployment rate of migrant workers has increased exponentially during the last years due to the economic crisis, the Committee requests the Government to take the necessary measures to increase migrant workers’ awareness of the job opportunities available through the employment centre.

Integration agreements. The Committee notes the adoption of Decree No. 179 of 14 September 2011 regulating the integration agreements concluded between third country nationals entering the territory for the first time and the State, established by Legislative Decree No. 286/1998. Pursuant to these agreements, the State undertakes to support the integration of foreign nationals offering free language and civic training and information sessions to foreigners who, in turn, undertake to respect all duties set out in the Charter of Values of Citizenship and Integration of 2007 and to obtain a certain amount of credits over a period of two years. The agreement can be obtained through One-Stop-Shops at the Prefecture of Police Headquarters which play a key role in the promotion of integration and in the information provided to foreign citizens on their rights and duties. With respect to the comments of the UIL, CGIL and CISL concerning the fee of €80 to €200 for the issue of the residence permit, the Government indicates that pursuant to Law No. 94/2009 these fees correspond to requests for more than three months, one year or long term permits and are payable only the first time and not for the renewal of the permit. The Government also refers to those cases in which migrant workers are exempted from the payment of this fee. The Committee requests the Government to indicate how it is ensured that the one-stop-shops have the necessary physical, human and financial resources to carry out their duties concerning the implementation of the integration agreements and to indicate any obstacles encountered. The Committee further requests the Government to provide statistical information on the number of integration agreements concluded, the number of cases of non-compliance of the agreements and the consequent cancellations of residence permits and the reasons put forward for such cancellations. Please also provide information on any administrative and judicial actions filed concerning the implementation of the integration agreements.

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

The Committee notes the communication from the Italian Union of Labour (UIL), the Italian General Confederation of Labour (CGIL) and the Italian Confederation of Workers’ Trade Unions (CISL) dated 2 October 2012 and the Government’s reply thereto.

Part I. Articles 2–7 of the Convention. Addressing migration in abusive conditions. Multilateral and bilateral cooperation. Over the past five years, the Committee has been referring to the serious vulnerability of migrant workers in an irregular situation to violations of their basic human and labour rights. The Committee notes with deep sadness the recent events that took place in Italian territorial waters, near the island of Lampedusa, which led to the death of more than 300 migrant workers. The Committee and the Conference Committee have previously acknowledged the particular challenges faced by Italy in addressing the significant increase in immigration flows and in protecting the basic human rights of migrant workers. They have also recognized that the phenomenon of irregular migration is a complex and global issue, and in the case of Italy of a particularly European nature. The Committee further notes that in their observations, the UIL, CGIl and CISL emphasize the need for more effective and cohesive European governance. The Committee draws the Government’s attention to the Declaration of the United Nations High-level Dialogue on International Migration and Development adopted on 1 October 2013 which recognizes the need for international cooperation to address, in a holistic and comprehensive manner, the challenges of irregular migration to ensure safe, orderly and regular migration, with full respect for human rights as well as the need to strengthen synergies between international migration and development at the global, regional and national levels. The Declaration also reaffirms the need to promote and protect effectively the human rights and fundamental freedoms of all migrant workers regardless of their migration status (see A/68/L.5, 1 October 2013, paragraphs 5, 6 and 10). While recognizing the broader dimension of this phenomenon and the Government’s efforts to find solutions to address migration in abusive conditions, particularly in this time of crisis, the Committee requests the Government to continue to take all necessary measures to promote national (through cooperation with workers’ and employers’ organizations), bilateral, multilateral and regional cooperation to address the issue of irregular migration with full respect of migrant workers’ human rights and to prosecute and punish those organizing and assisting in clandestine movements of migrants. Please provide information on any developments in this regard as well as on all the measures adopted at national level to ensure respect, in law and in practice, of the human rights of all migrant workers.

Articles 1 and 9. Minimum standards of protection. Access to justice. The Committee notes that as a result of routine inspection work by local and regional labour directorates in 2011, in the agriculture, construction, industry and other sectors, more than 2,000 workers in an irregular situation were detected. The Committee further notes that section 1(1)(b) of Legislative Decree No. 109/2012 provides for a six month residence permit on humanitarian grounds for those third country nationals who in cases of “particularly exploitative working conditions”, lodge complaints or cooperate in criminal proceedings against employers, at the initiative or with the favourable opinion of the courts. This residence permit may be renewed for one year or the maximum period needed to complete the criminal proceedings. The Government indicates that the irregular situation of migrant workers does not deprive them of their rights in terms of pay, contributions and the provisions in force on working hours and health and safety in the workplace as well as on the principle of non-discrimination. The Committee notes however that the UIL, CGIl and CISL indicate that trade unions have no access to either the Initial Reception Centre or the Asylum Seekers Reception Centre where migrants in an irregular situation are detained which prevents them from assisting and providing information to migrant workers. In this regard, the Committee emphasizes once again that access to justice, including adequate access to assistance and advice, is a basic human right which must be guaranteed to all migrant workers in law and in practice. The Committee highlights in this respect the importance of providing for effective and speedy legal procedures. The Committee requests the Government to indicate the specific scope of the term “particularly exploitative working conditions” provided for in article 1(1)(b) of Legislative Decree No. 109/2012 and to provide information on how it is ensured in practice that all migrant workers in an irregular situation can seek redress from the courts with respect to violation of their rights arising out of past employment including non-payment or under-payment of wages, social security and other benefits. In order to assess the effectiveness of the mechanisms in place, the Committee once again requests the Government to provide data disaggregated by sex and origin on the number of migrant workers in an irregular situation that have filed administrative or judicial claims with respect to violations of their basic human rights or rights arising out of past employment. The Committee further requests the Government to provide information on the manner in which adequate legal defence for migrant workers in an irregular situation is ensured, including in detention centres. Please also continue to provide information on inspections carried out in the construction and agriculture as well as other sectors to detect illegal employment of migrants and the results achieved.

Part II. Articles 10 and 12. National policy on equality of opportunity and treatment of migrant workers lawfully in the country. The Committee previously took note of the adoption by the Government of the Plan on Integration in Safety – Identity and Dialogue and requested information on its implementation. The Committee notes that the Government refers to the integration agreements as a new practical instrument under the Plan and indicates that they are still at the launch stage and therefore cannot yet be evaluated. The one-stop-shops for immigration play an important role in the promotion and support services for the training courses that foreign nationals undertake to attend under the integration agreements. The Government further refers to the activities and projects carried out in the framework of the multi-annual programme for the period 2007–13 put in place by the Central Directorate for Immigration and Asylum Policy of the Ministry of Interior following wide-ranging consultation of the institutional stakeholders. The Committee observes, however, that no information is provided on the concrete impact and results of the annual programmes that have already been in place since 2007. The Government also provides information on a range of measures aimed at promoting the integration of migrant workers and raising awareness about migration issues. The Committee notes in particular: the “Migrant Integration Portal” which offers a multitude of services to migrant workers, through a public–private network engaged in integration measures; a handbook on “Immigration: How, when, where – the handbook for integration” designed for those that have not yet arrived in Italy; a campaign for music, sports and integration, as well as the Co.In project, intended to help migrant workers to become integrated and Italian society to become aware of the mutual rewards of integration. Measures have also been taken to improve the approach of the media to immigration, including the drafting of a handbook on migration and the mass media and the organization of seminars. The Committee notes, however, that according to UIL, CGIL and CISL, migrant workers continue to be concentrated in the lowest income range (27.5 per cent of Italian and 55.9 of migrant workers) and are the most affected by unemployment. The Committee notes that this is confirmed by the third annual report on migrant workers in the Italian labour market from the Ministry of Labour and Social Policies, according to which the remuneration gap between national and migrant workers has increased considerably in the past years. The Committee asks the Government to continue to provide information on developments with respect to the national policy on equality of opportunity and treatment of migrant workers, including cooperation with employers’ and workers’ organizations. The Committee also requests the Government to indicate the impact of the action taken to implement the national policy including the multi-annual programme 2007–13, and any obstacles encountered. Please provide specific information on the measures adopted to address the remuneration gap between national and migrant workers, particularly in sectors where the gap is the highest.

The Committee is raising other points in a request addressed directly to the Government.

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

The Committee notes the communication from the Italian Union of Labour (UIL), submitted on behalf of the UIL, the Italian General Confederation of Labour (CGIL) and the Italian Confederation of Workers’ Trade Unions (CISL), and the Government’s reply thereto. The Committee also notes the observations by the Italian Confederation of Workers’ Trade Unions (CISL) received 23 September 2010.

Articles 2 to 6 of the Convention. Multilateral and bilateral cooperation. Human rights of migrants in an irregular status. The Committee notes the information in the Government’s report on the Project Across-Sahara II (concluded in February 2010) and Project Sahara-Med regarding institutional capacity building with respect to border controls and migration management (signed December 2009), as well as on the other measures to prevent and manage migration in irregular conditions through multilateral and bilateral cooperation and agreements. The Committee also notes the observations by the UIL reiterating concerns raised in the Conference Committee on the Application of Standards in 2009 regarding the ineffectiveness of some of these agreements and the forced return of immigrants in an irregular situation and refugees reaching Italian territorial waters to countries not respecting human rights, or through detention centres. While the Convention leaves it to each State to determine the manner in which it intends to organize the potential entry of migrant workers or the refusal of their entry, and while acknowledging the serious difficulties encountered by Italy to manage significant immigration flows and recognizing the Government’s efforts to find solutions to address migration in abusive conditions, the Committee recalls the Government’s obligation to ensure the respect for basic human rights of all migrant workers. The Committee draws attention to recommendations made by the United Nations High Commissioner for Human Rights to States to address flows of migrants and refugees fleeing northern Africa, which included making efforts to prevent deaths at sea and efforts to ensure that adequate border procedures are implemented to clarify individual protection, considering granting temporary permits on humanitarian grounds, ensuring protection from arbitrary detention, and supporting legislative and institutional reform to protect rights of all migrants including those in an irregular situation (A/HRC/18/54, 1 September 2011). The Committee asks the Government to ensure respect, in law and in practice, of the human rights of all migrant workers in the context of measures to curb irregular migration, and asks the Government to provide information on the measures taken in this regard, including through multilateral and bilateral cooperation, and the results achieved. Please also provide information on the effects of this cooperation on the prosecution and punishment of those organizing and assisting in clandestine movements of migrants.

Article 8. Non-return in the case of loss of employment. The Committee notes the UIL’s observations concerning loss of employment of a non-European Union (EU) worker and the application of section 22(11) of Legislative Decree No. 268/1998, implying that foreign workers on a fixed-term contract do not benefit from the possibility of a six-month period of residence after loss of employment. The Committee notes the Government’s explanations that loss of employment does not, in any case, constitute grounds for revocation of the residence permit of a non-EU resident and his or her family members lawfully in the country. The Committee further notes the information provided by the Government regarding the number of non nationals and nationals who benefited from the Earnings Supplement Fund in 2008 and 2009. The Committee asks the Government to indicate how it is ensured that non-EU workers on a fixed-term contract who have lost their employment prematurely shall not be regarded as being in an irregular situation, in accordance with Article 8.

Expulsion. The Committee recalls that section 13(5bis) and (8) of Legislative Decree No. 286/1998, provide that a foreigner can appeal against the expulsion order confirmed by the justice of the peace without, however, staying the execution of the order. The Committee notes the Government’s explanation that appeals to the ordinary courts against decisions ordering expulsions or decisions refusing the issuing or renewal of a residence permit do not suspend the effectiveness of the decision, but that the applicant is still entitled, simultaneously with the appeal to the court, to request provisional suspension of the execution of the decision. In such a case, the court is required to assess the matter and grant a suspension of the order when there are well-founded reasons for considering that its execution may cause serious and unjust harm to the applicant. The Committee asks the Government to provide information on the number of workers who have contested an expulsion order, which has been suspended, and who have subsequently been allowed to reside in the country for the duration of the case. Please also provide information on any refusal and the reasons for such refusal.

Article 9(d). Regularization. The Committee notes the Government’s clarifications regarding the procedure under Law No. 102/2009 on “Declaration of employment in the domestic help and care sector”, which was completed on 30 September 2009. Within the statutorily allowed period, the Ministry of Interior received 295,076 applications concerning non-EU nationals in addition to 4,965 applications regarding Italian and EU nationals. The Government states that to date 144,576 cases have been determined; of those, regularization was rejected with respect to 10,586 cases, while accepted for 133,990 cases. The Committee asks the Government to provide information on the situation of the remaining applications, and on the outcome including refusal, of their application. The Committee asks the Government whether any consideration has been given to the UIL’s observations to consider similar regularization procedures for other sectors such as agriculture, construction, industry, trade and services.

Articles 10 and 12. Equality of opportunity and treatment. The Committee notes the public notice to promote the adoption of positive action to prevent and compensate for disadvantages due to racial and ethnic origin. Priority is being given to developing micro-enterprises and enterprises set up by female immigrants; preventing and combating racial discrimination among the younger generations and through the development of local associations promoted independently by immigrant communities. With respect to measures regarding second generation migrants, the Committee notes that the Plan on Integration in Safety – Identity and Dialogue intends to address this, but that the CISL considers that the issue is insufficiently covered. The Committee will address the action taken to prevent discrimination and promote equality of opportunity of Roma and Sinti migrant workers with nationals, such as the “Dosta campaign”, in the context of the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee notes that the UIL raises issues relating to equality of treatment with respect to unemployment benefits and pensions, which the Committee will address in the context of the Social Security (Minimum Standards) Convention, 1952 (No. 102). The Committee asks the Government to provide information on the results achieved following the public notice to promote positive action, including with respect to projects targeting women immigrants and second generation immigrants. Please also indicate how the Plan on Integration in Safety – Identity and Dialogue intends to promote integration of second generation immigrants. Please also provide information on the number and nature cases of discrimination against migrant workers brought to the attention of and addressed by the labour inspections services, the courts or the National Office against Racial Discrimination (UNAR).

Integration agreements. The Committee recalls section 4bis of Legislative Decree No. 286/1998 making the issuing of a residence permit conditional upon the signing of an “Integration Agreement”. The Committee notes the observations by the UIL regarding the inappropriateness of the possible evaluation of the achievement of the objectives by the public security administration, the payment of a contribution fee of €80 and €200 for application for issue and renewal of residence permit, except in certain, mostly humanitarian, cases, and the lack of real integration mechanisms as in some other countries. The Committee asks the Government to reply to the observations made by the UIL, and to provide copies of the regulations establishing the criteria and modalities of signing the integration agreements.

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

The Committee notes the communication from the Italian Union of Labour (UIL), submitted on behalf of the UIL, the Italian General Confederation of Labour (CGIL) and the Italian Confederation of Workers’ Trade Unions (CISL), and the Government’s reply thereto. The Committee also notes the observations by the Italian Confederation of Workers’ Trade Unions (CISL) received 23 September 2010. The Committee recalls that some of the issues addressed by UIL had already been raised during the discussion of the Conference Committee on the Application of Standards in June 2009, and addressed in the Committee’s observation of 2009.

Part I. Articles 2, 3, and 6 of the Convention. Addressing migration in abusive conditions, and the employment of workers having migrated in illegal conditions. The Committee notes the Government’s statement that, due to the repercussions of the global economic crisis on the Italian economy, the Programmatic Document 2009–11, which included measures to address the exploitation of immigrants, was not adopted and that instead a moratorium was imposed on the entry of non-seasonal, non-European Union (EU) workers in 2009–10. The Committee welcomes the detailed information on the initiatives to address human trafficking into labour and sexual exploitation and refers in this regard to its comments on the Forced Labour Convention, 1930 (No. 29). The Committee further notes the Government’s indication that the legislative framework will be enhanced through the transposition of European Directive 2009/52/EC of 18 June 2009 providing for standards on sanctions and measures against employers of illegally staying third-country nationals (the Sanctions Directive). Considering that such legislative steps are important in the context of the implementation of measures required under Articles 2, 3 and 6 of the Convention, the Committee asks the Government to provide information on any developments regarding the adoption of legislation transposing European Directive 2009/52/EC, including a copy of the relevant texts. The Committee asks the Government to continue to provide information on measures to detect and suppress human trafficking and to prosecute those responsible for human trafficking from wherever the country they operate.

Articles 1 and 9. Minimum standards of protection. The Committee recalls the particular vulnerability of migrant workers in an irregular situation to exploitation and violations of their basic human rights. With regard to previously reported human rights violations and exploitative conditions of undocumented workers coming from Africa, Asia and Eastern Europe, the Committee notes the detailed information, including statistics, on the action taken in 2008 and 2009 under the strategic programme of inspections carried out by the Ministry of Labour and Social Policies and under the “Extraordinary inspection plan for agriculture and construction in the regions of Calabria, Campania, Apulia and Sicily”, in January 2010. It notes the particular attention paid to the illegal employment of foreign immigrants, especially in the construction and agriculture sectors, marked by a high incidence of labour exploitation of primarily clandestine non-EU workers. Targeted inspections were also carried out between 1 July and 31 December 2009 (Operation Rainbow) for the purpose of checking manufacturing and commercial business activities. The Committee also notes the data on reported offences and the persons denounced regarding organizing and facilitating clandestine migration, and the illegal employment of foreign workers in 2008 and 2009, indicating, however, few reported offences and perpetrators with respect to employment of seasonal foreign workers in an irregular situation, which could suggest difficulties in effectively monitoring conditions of migrants in an irregular situation in seasonal employment, including in agriculture.

The Committee previously expressed concern that section 10bis of Legislative Decree No. 286/1998, introducing the offence of illegal entry or residence, would further marginalize and stigmatize migrant workers in an irregular situation, and increase their vulnerability to exploitation and violation of their basic human rights. It had also noted that section 10bis combined with section 331(19) of the Code of Criminal Proceedings (obliging public officials to report criminal offences) may prevent these migrant workers, in practice, from filing complaints with regard to violations of their rights. The Committee notes the Government’s reply that migrant workers in an irregular situation will in all cases, irrespective of any charge of clandestine immigration or expulsion order against them, have the possibility to apply, through a representative, to the judicial authority with a view to obtaining recognition of any rights due to them or to file a criminal complaint concerning conduct which impairs their basic rights. The Committee notes that, since the entry into force of the legislation until 15 April 2010, of the 37,192 foreigners found to be in an irregular situation, 12,775 were expelled and 24,417 foreigners were not repatriated; of those, 22,027 foreigners, were not repatriated due to non-compliance with the expulsion order. The Committee also notes that inspections carried out under the abovementioned programmes, involved local state police stations in procedures for identifying illegally employed nationals of non-EU countries and subsequent repatriation operations. The Committee also notes from the communication by the CISL regarding Convention No. 29, that migrant workers with an irregular status who are victims of labour exploitation tend to either hide from the authorities fearing deportation or being expelled from the country. The Committee also refers to its comments on the Labour Inspection Convention, 1947 (No. 81), noting that labour inspections have been mainly focusing on controlling illegal employment and the legal status of migrant workers under immigration law, rather than conditions of work.

The Committee notes that in 2009 and 2010 (until 31 March) 810 and 146 permits were issued “on humanitarian grounds for reasons of social protection” under section 18 of legislative Decree (Consolidated Statute) No. 286/1998 (in 2010, a large number of permits were issued to women from Nigeria (397), China (38), and some eastern European countries; and to men from Egypt (71) and Morocco (68)). However, no data are provided on the number of migrant workers found in an irregular situation who have sought redress from the courts with respect to violations of their basic human rights or rights arising out of past employment, including unpaid wages. It is therefore difficult to assess whether due process is guaranteed, in practice, to migrant workers who are accused of the crime of illegal immigration and who are subject to an expulsion order, with respect to claims regarding rights provided for in Articles 1 and 9 of the Convention.

While acknowledging the difficulties encountered to manage the significant immigration flows and recognizing the Government’s efforts to address migration in abusive conditions, including illegal employment, as required by the Convention, the Committee nonetheless emphasizes that, while such measures are justified, it is also essential to ensure that migrant workers enjoy a basic level of protection even if they have immigrated under irregular conditions or are employed illegally and their status cannot be regularized. The Committee notes that no detailed analysis has yet been undertaken of the impact of legislative initiatives to combat irregular migration, including section 10bis, on the human rights of migrant workers in an irregular situation and their equality of treatment in respect of rights arising out of employment, despite explicit requests by the Conference Committee and this Committee. The Committee also notes the Government’s statement that the Constitutional Court has not yet pronounced itself on the referral proceedings pending before it concerning the unconstitutionality of section 10bis. The Committee draws the Government’s attention to the important role given by the Convention to the social partners, and in particular Article 7 requiring that representative organizations of workers and employers shall be consulted in regard to laws and regulations and other measures provided for in this Convention and designed to prevent and eliminate the abuses against which the Convention is directed.

Emphasizing that access to justice is a basic human right which must be guaranteed to all migrant workers, in law and in practice, the Committee requests the Government to indicate all measures taken to ensure that effective mechanisms are in place to facilitate complaints by migrant workers in an irregular situation and to inform them of their rights and relevant complaints procedures. The Committee also asks the Government to provide information on the number of migrant workers in an irregular situation, particularly those in the agriculture and construction sectors, that have sought redress regarding violations of their basic human rights or regarding rights due with respect to remuneration and social security benefits, and the outcome of the cases concerned. The Committee asks the Government to continue to provide information on the activities, including detailed statistics on targeted inspections in agriculture and construction, as well as in other sectors, to detect illegal employment of migrants as well as the employment of migrants in abusive conditions of work, and the results achieved. Please indicate how representatives of organizations of workers and employers have been and are being consulted in regard to matters provided for in Part I of the Convention.

Part II. Articles 10 and 12(c) and (e). National policy on equality of opportunity and treatment of migrant workers lawfully in the country. The Committee previously requested the Government to indicate the specific results of the programmes and initiatives to promote equality of opportunity and treatment of migrant workers lawfully in the country with nationals, with a view to eliminating discrimination against them. The Committee notes the approval on 10 June 2010 of the Plan on Integration in Safety – Identity and Dialogue, which, according to the Government, identifies the main lines of action and mechanisms to be adopted with a view to promoting an effective process of immigrant integration combining safety and acceptance. The Plan covers five main areas including education and learning, employment, housing and local government, access to essential services (health and social welfare services) and under-aged and second generation immigration. The Committee notes in this regard the comments by the CISL drawing attention to the discrepancy between the Plan on Integration in Safety – Identity and Dialogue and the existing laws and policies making distinctions between migrant workers and nationals regarding civil, political and social rights, and questioning the Plan’s purpose and effectiveness, and lack of budgetary guarantees for its implementation. The Committee further notes that the Department of Civil Liberties and Immigration of the Ministry of Interior has developed a strategy for the use of resources from the European Integration Fund involving a multi-annual programme for the period 2007–13. The Government also provides extensive information on initiatives by the National Office Against Racial Discrimination (UNAR), such as the establishment of territorial anti-discrimination networks and the Memoranda of Understanding in 2009 and 2010, signed with various municipalities and regional authorities in this context, and interventions to support female immigrants at risk of social marginalization. Finally, the Committee notes the institutional awareness, communication and information campaigns on social integration of immigrants developed by the Ministry of Employment and Social Policies in 2008 and 2009, which, after evaluation, appeared to have been useful to almost 90 per cent of the participants. With a view to assessing progress made over time, the Committee requests the Government to continue to provide information on action taken to implement the national policy on equality of opportunity and treatment for migrant workers lawfully in the country, and the results achieved. Please also provide information on the activities carried out under the Plan on Integration in Safety – Identity and Dialogue, and how its effective implementation will be ensured, including in cooperation with the social partners.

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

Articles 2 to 5 and 7 of the Convention. Migrations in abusive conditions. The Committee takes note of the extensive information in the Government’s report on the measures taken to combat human trafficking and to provide assistance to victims of trafficking. It notes that between 2006 and 2008, 72 programmes providing assistance to victims of trafficking were financed by the Department for Equal Opportunities. The Committee further notes that international cooperation to combat irregular migration has focused on strengthening collaboration with European partners and countries of origin and transit. The Committee notes the Special Protocol of Cooperation and the additional Technical and Operational Protocol of 29 December 2008 with the Libyan Arab Jamahiriya, the Memorandum of Understanding signed with Nigeria on 17 February 2009 and with Algeria on 22 July 2009. Similar initiatives are under way with Egypt, Ghana, Niger, Senegal and the Gambia. The Committee asks the Government to continue to provide information on the impact of the measures taken to prevent and address irregular migration, including through multilateral cooperation. Noting that the information on the positive effects of enhanced cooperation mainly relates to the identification, rescue and repatriation of the number of migrants in an irregular situation, the Government is also requested to provide information on the effects of these agreements on the prosecution and punishment of those organizing and assisting in clandestine movements of migrants.

Article 6. Sanctions. The Committee recalls that Legislative Decree No. 286/1998 contains a number of sanctions against those organizing clandestine movements of migrants, against illegal employment of foreigners and against migrant workers who are in an irregular situation. More effective sanctions had also been introduced in the Penal Code against anyone who carries out acts relating to the enslavement of human beings, trafficking in human beings and offering, selling and purchasing of slaves. The Committee notes that following Law No. 94/2009, sanctions relating to irregular migration already laid down in Legislative Decree No. 286/1998 have been increased, and that the aiding and abetting, organizing, financing or carrying out of the transport aimed at illegal entry of foreigners is punishable by one to five years of imprisonment and a fine of 15,000 euros for each person. The penalty is increased to five or 15 years in certain aggravated circumstances. The Committee requests the Government to provide information on the application of the sanctions contemplated by the relevant provisions of Legislative Decree No. 286/1998 and of those provided in the Penal Code against those organizing or assisting in organizing clandestine movements of migrants, including trafficking, and against those illegally employing migrant workers, with an indication of the number and nature of infringements noted, the number of persons prosecuted, and the specific sanctions and penalties imposed.

Article 8. Non-return in the case of loss of employment for seasonal workers. The Committee notes the Government’s statement that seasonal workers (whose permit is valid for a maximum of nine months) who lose their jobs are allowed to stay in the country for the whole period of validity of the residence permit. During this period they may conclude other employment contracts until the work permit expires. After two entries, a seasonal worker may apply for the conversion of the seasonal residence permit to a seasonal open-ended permit within the framework of quotas provided. The Committee also notes that the communication of the Italian Labour Union and the Government’s reply address other issues relating to the application of Article 8 of the Convention, which will be examined by the Committee at its next session.

Article 9, paragraph 3. The Committee notes that section 13(5bis) and (8) of Legislative Decree No. 286/1998, providing that a foreigner can appeal against the expulsion order confirmed by the justice of the peace without, however, staying the execution of the order, have not been amended by Law No. 94/2009. In light of its observation and recalling Paragraph 33 of the Migrant Workers Recommendation, 1975 (No. 151), the Committee asks the Government to give due consideration to amending section 13(5bis) and (8) with a view to permitting migrant workers who contest an expulsion order to reside in the country for the duration of the case. The Government is also requested to clarify how the practical application of section 10bis relates to section 13(5bis) and (8).

Articles 10 and 12. Equality of opportunity and treatment. The Committee notes the information in the Government’s report on the results of the research conducted to support young people of the second generation. The results indicate some of the main issues faced by this generation: marginalization including with regard to work, problems in accessing social-economic mobility opportunities on the same footing as nationals and discriminatory attitudes based on ethnicity by the Italian population among different immigrant groups. The Government is requested to provide further details on any measures taken to address the specific concerns raised in the research on second generation immigrants, and the results achieved.

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

The Committee notes the discussion that took place in the Conference Committee on the Application of Standards in June 2009 and the resulting conclusions of the Conference Committee. It also notes the written information of the Government submitted to the Conference Committee, and the extensive information in the Government’s report, including legislation and statistics, received on 1 September 2009. The Committee further notes the communication from the Italian Union of Labour (UIL), submitted on behalf of the UIL, the Italian General Confederation of Labour (CGIL) and the Italian Confederation of Workers’ Trade Unions (CISL) received on 24 September 2009, which provides additional information on many of the observations already made by the Worker members during the discussion in the Conference Committee, and adds some new issues. The Committee also notes the Government’s reply to the UIL communication, received on 4 December 2009. The Committee will examine the UIL communication together with the Government’s reply at its next session.

Combating irregular migration, while protecting the rights of migrant workers in an irregular situation. The Committee notes the conclusion of the Conference Committee that the phenomenon of irregular migration is a complex and global issue, and that Italy faces particular challenges in addressing the rapid increase in immigration flows and in protecting the basic human rights of migrant workers. The Conference Committee noted that the Government was taking certain measures aimed at combating irregular migration, including the illegal employment of migrants, while at the same time improving compliance with the laws and regulations concerning conditions of work and strengthening assistance measures. The Conference Committee asked the Government to undertake a detailed analysis of recent legislative initiatives targeting irregular migration, including the illegal employment of migrants, and to take measures to ensure that migrant workers who are in an irregular situation were able to enjoy their basic human rights, in accordance with Article 1 of the Convention. It encouraged the Government to strengthen its efforts to promote tolerance and respect between all groups of society.

The Committee takes due note of the extensive information in the Government’s report regarding the many efforts made to combat human trafficking, through national and transnational actions, and the programmes providing assistance to victims of trafficking and serious exploitation managed by the Inter-Ministerial Committee for the Support of the Victims of Trafficking, Violence and Serious Exploitation contemplated under section 18 of the Unified Text of provisions concerning immigration and the status of foreigners (Legislative Decree No. 286/1998 of 25 July 1998). The Committee also notes that Law No. 94/2009 of 15 July 2009 amending, among others, Legislative Decree No. 286/1998 further increases the sanctions laid down for the exploitation of workers illegally employed.

The Committee notes that the Government reaffirms its commitment to protect the fundamental human rights of all migrant workers, and refers in this regard to section 2 of Legislative Decree No. 286/1998 guaranteeing any foreigner at the border or in Italy the enjoyment of fundamental human rights provided in the national legislation, the international Conventions in force and the generally recognized principles of international law. The Committee further notes the Government’s indication that the stigmatization of certain ethnic or social groups and the racist and xenophobic propaganda, mainly targeting non-European Union (EU) immigrants and minority groups, such as the Roma, are matters of serious concern which compromise the difficult process of peaceful integration and coexistence. The Committee notes from the information provided by the Government that the Programmatic Document 2009–11 will contain a strong focus on policies fighting both the exploitation of immigrants and racial discrimination and xenophobia, based on surveys and monitoring interventions and campaigns to promote equal opportunities. The Committee also notes the Government’s commitment to see to it that constant action to combat irregular immigration also helps to reduce exploitation of migrant workers who are in the country in an irregular situation and who can therefore be more easily exploited. In this context, the Committee notes the measures taken to regularize undeclared Italian, EU workers and non-EU workers in the care sector pursuant to section 1ter of Legislative Decree No. 27/2008 (converted into Act No. 102/2009 on the “family assistance and support declaration”).

With respect to its concerns expressed in its previous observation regarding reports on human rights violations and exploitative working conditions of undocumented workers coming from Africa, Asia and Eastern Europe, the Committee notes the information in the Government’s report on the special surveillance campaigns, some aimed at the agricultural sector, carried out in the Puglia region and Foggia district since 2006 where the phenomenon is particularly widespread. It also notes that the 2008 document on Strategic Programming of the Monitoring Activity of the Ministry of Labour, Health and Social Policies gives particular attention to inspections aimed at fighting irregular migration flows and illegal employment of migrants. Particular attention is given to minorities, operating outside any employment or regulatory framework, promoting the irregular immigration of their own nationals to keep them in situations of exploitation in violation of workers’ rights. The Committee notes that in 2008 labour inspection activities aimed at detecting abusive employment found that out of the 4,666 workers in an irregular situation, lacking a residence permit, 336 were employed in the agricultural sector, 711 in the services sector, and 2,231 in construction. Out of the 9,608 workers who were found to be irregular for other reasons, 732 were employed in agriculture, 2,229 in services and 2,989 in construction. The Committee further notes that research is being carried out in Campania, Apulia, Calabria and Sicilia on new forms of labour exploitation, which has worsened in recent years. The Committee asks the Government to provide information as follows:

(i)    a copy of the Programmatic Document 2009–11 and other documents concerning the policies fighting both the exploitation of immigrants and racial discrimination and xenophobia, including of migrants of Roma and Sinti origin, as well as information on the surveys conducted, the monitoring interventions undertaken, and campaigns held to promote equal opportunities;

(ii)   the results achieved by the various measures and programmes undertaken, including inspections carried out, to detect employment of foreigners in abusive conditions, and to protect those migrants who have been victims of abuse or exploitation;

(iii) the number and nature of infringements, and sanctions pronounced against those organizing or facilitating clandestine migration, and those employing migrant workers in abusive conditions, particularly in agriculture, construction and services sectors;

(iv)  the number of male and female migrants in an irregular situation who have been identified as victims of abuse and exploitation in the agriculture and construction sectors, and how many of those have been granted a special permit pursuant to section 18 of Legislative Decree No. 286/1998; and

(v)   the number of undeclared EU and non-EU workers, men and women, working in the care sector that have been regularized pursuant to Act No. 102/2009. The Government is also requested to indicate whether it intends to adopt similar measures to regularize undeclared migrant workers in other sectors, such as agriculture and construction.

Measures directed at migrant workers. The Committee notes that in June 2009 the Conference Committee requested the Government to undertake a detailed analysis of the legislative provisions proposed in the context of the so‑called Security Package with a view to ensuring their compliance with the Convention. The Committee recalls that during the discussion in the Conference Committee concerns were raised about the possible adverse effects of the provisions in the Security Package, should it be adopted, especially the provision introducing the offence of illegal entry or residence in Italian territory. The Committee notes that Law No. 94/2009 (the Security Package) amending Legislative Decree No. 286/1998 was adopted on 15 July 2009. The Committee notes the Government’s statement that the objective of the new law is to make State action to prevent or combat minor and major criminality more effective, and that the severe line taken in particular sectors is accompanied by greater protection against every form of oppression and violence against so-called disadvantaged groups. The Committee notes that the law introduces the offence of illegal entry or residence by inserting section 10bis in Legislative Decree No. 286/1998 which punishes unlawful entry and residence in Italian territory by a fine of between 5,000 to 10,000 euros. Section 10bis further provides that the accused foreigner can be expelled without it being necessary to obtain advance clearance from the competent court for the investigation of the offence. Section 10bis further provides that once the foreigner has been expelled, the Chief of Police (questore) informs the court which dismisses the case based on no case to answer.

The Committee also notes that the Tribunal of Pesaro, in a decision of 31 August 2009, raised a question to the Constitutional Court regarding the constitutionality of section 10bis, as regards the offence of “illegal stay” on the territory, on the basis of the consideration that it is contrary to: (i) the principle of reasonableness, including from the perspective of proportionality; (ii) the principle of equality (article 3 of the National Constitution) as it assumes arbitrarily that all migrants in an irregular situation are socially dangerous; (iii) the principle of solidarity (articles 2 and 3 of the National Constitution); (iv) article 10 of the National Constitution that provides for the respect of international customary law; and (v) articles 3 and 37 of the National Constitution because it does not contemplate the possibility of a “justified cause” for the irregular stay in the country.

The Committee draws the attention of the Government to the fact that if the fight against clandestine migration is justified, at the same time, it is important to ensure respect of the basic human rights of all migrant workers, in order to avoid migrant workers (notably those in an irregular situation) finding themselves in a situation where their rights are not respected and where they are vulnerable to abuses of all kinds (paragraph 361 of the 1999 General Survey on migrant workers). The measures advocated in Part I of the Convention to combat clandestine movements of migrants (Articles 2–6) are primarily targeted at the demand for clandestine labour rather than the supply (see paragraph 338 of the 1999 General Survey on migrant workers). The objective of Article 6(1) of the Convention is therefore to define and apply sanctions against organizers of clandestine movements and against employers in cases of illegal employment, and not against migrant workers who are in an irregular situation themselves. Through Articles 1 and 9, the Convention aims to ensure that migrant workers enjoy a minimum level of protection with respect to their basic human rights and with respect to claims regarding rights arising out of past employment, even when they have immigrated or are employed illegally and their situation cannot be regularized.

The Committee notes that pursuant to section 331(1) of the Code of Criminal Proceedings public officials are obliged to report criminal offences and that the introduction of the crime of illegal entry and stay of foreign workers may prevent migrant workers in an irregular situation from requesting assistance from essential public services. This may also prevent them, in practice, from filing complaints with regard to violations of their basic human rights. The possibility for migrant workers to claim certain rights arising out of past employment with respect to remuneration, social security and other benefits before a competent body, as provided by Articles 9(1) and (2) of the Convention, may also remain merely theoretical if migrant workers in an irregular situation who report violations of these rights are immediately expelled. The Committee expresses concern that section 10bis of Legislative Decree No. 286/1998 will further marginalize and stigmatize migrant workers in an irregular situation, and increase their vulnerability to exploitation and violation of their basic human rights. The Committee notes that the Government’s report does not contain any information on whether it has undertaken the detailed analysis of the impact of recent legislative initiatives targeting irregular migration, including illegal employment of migrants, especially the Security Package, as requested by the Conference Committee.

The Committee, in line with the Conference Committee’s conclusions, asks the Government to undertake a detailed analysis of the impact of recent legislative measures aimed at combating irregular migration, and especially of section 10bis of Legislative Decree No. 286/1998, on the basic human rights of migrant workers in an irregular situation and the equality of treatment of these workers with respect to their rights arising out of past employment, guaranteed by Articles 1 and 9 of the Convention, with a view to assessing the need to amend or repeal this and other provisions of Legislative Decree No. 286/1998. Concerning the pending question before the Constitutional Court on the constitutionality of section 10bis, the Committee asks the Government to provide information on the outcome of the decision, once handed down. The Committee further asks the Government to provide information on the practical application of section 10bis, including the number of migrant workers who have been identified as irregular and expelled since the entering into force of the Act. The Government is also requested to indicate how it is ensured that migrant workers, who are in an irregular situation, especially those accused of the crime of illegal immigration, including as a result of labour inspections, and who are the object of an expulsion order, can file complaints with regard to violations of their basic human rights and can claim certain rights arising out of past employment with respect to remuneration, social security and other benefits as provided by Articles 1 and 9 of the Convention.

Part II of the Convention. Equality of opportunity and treatment between migrants lawfully in the country and nationals. The Committee notes that the Conference Committee requested the Government to ensure full respect for the equality of opportunity and treatment of migrant workers lawfully in the country with nationals, and to pursue its efforts, in cooperation with the social partners, to promote and ensure the observance of a national policy in this regard. The Conference Committee states further that the Government should take additional measures to ensure the effective protection of migrant workers against direct and indirect discrimination, in accordance with Articles 10 and 12 of the Convention. The Committee notes that the integration of the immigrant population is one of the objectives of the social inclusion strategy outlined in the National Report on Social Protection and Inclusion 2008–10, and that the Programmatic Document 2009–11 is to include interventions on integration and immigration. The Committee also notes the information in the report on the initiatives carried out under the National Fund for Social Policies (FNPS) to promote social inclusion and integration, including the interventions promoting labour insertion of the Roma, Sinti and Traveller populations (Lombardia, Piemonte, Toscana and Puglia).

With respect to the incidences of discrimination against the Roma, including attacks at Roma camps, the Committee notes the Government’s reply that the issues connected with the presence of the Roma community on the national territory has long received attention and that it is making all efforts to put in place initiatives aimed at ensuring a more secure and fairer civil coexistence. According to the Government these initiatives aim at improving integration and the quality of relations with the resident population in order to protect more effectively public security, and to prevent discrimination and intolerance against the Roma. The Government mentions in this regard the state of emergency declared in some regions between 21 May 2008 and 31 May 2009 and the collaborative actions of delegated commissions in this context, which according to the Government had positive results. The Committee notes that during the Conference Committee discussion the Worker members questioned the emergency-like approach vis-à-vis the Roma and Sinti populations, and called for a well-defined integration policy on housing, schooling and employment. The Committee notes the Government’s written statement to the Conference Committee that as part of its efforts of defining a national strategy on Roma issues, the Programmatic Document
2009–11 will include a special section on actions supporting the Roma and Sinti communities, promoting and defining a new approach to the issue of Sinti and Roma, based on interventions on social inclusion, the concept of equal rights and duties for nationals and immigrants, the reception of immigrants and acceptance of diversity. In addition, the Committee notes the information in the Government’s report on the activities organized by the Office for the Promotion of Equality of Treatment and the Elimination of Discrimination based on Race and Ethnic origin (UNAR) to promote social inclusion and intercultural dialogue, and to address discrimination against immigrant workers. Recalling that the policy on equality of opportunity and treatment between nationals and migrant workers referred to in Article 10 of the Convention focuses on discrimination based on nationality, the Committee will examine any issues and action taken specifically relating to combating discrimination on the basis of race, colour or national extraction against the Roma and Sinti populations, including in the context of an integrated national strategy on the Roma, in the context of the Government’s report on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

The Committee asks the Government to provide information, including statistics, on the specific results achieved under the projects to promote equality of opportunity and treatment between nationals and migrant workers lawfully in the country and to eliminate discrimination based on nationality, in particular with regard to employment and occupation. Please indicate how the social partners have been involved in any of the measures taken or envisaged to promote and ensure the observance of the national equality policy. Noting the information in the Government’s report regarding specific programmes and actions, including awareness raising, to combat discrimination and promote social inclusion in the labour market and society, the Committee asks the Government to indicate the impact of these measures on promoting tolerance and respect between all groups of society. The Committee also asks the Government to provide information on all actions taken in the context of a national integrated strategy on the Roma, to prevent and address discrimination against Roma migrant workers, and promote their equal opportunity and treatment with nationals in accordance with Article 10 of the Convention.

Integration agreement. The Committee notes that Law No. 94/2009 introduces section 4bis in Legislative Decree No. 286/1998 aimed at promoting cohabitation between Italians and foreigners and making the issuing of a residence permit conditional upon the signing of an “Integration Agreement” setting out the objectives of integration (and related “credits”) to be achieved by the foreigner during the period of validity of his or her residence permit. In the event of complete loss of “credits”, the residence permit is revoked and the foreigner must be expelled from the national territory, with some exceptions relating to asylum, humanitarian reasons, long-term EC residence permit, or family reasons. The Committee notes that the criteria and modalities for the signing of the Integration Agreement will be established by regulations. The Committee asks the Government to provide a copy of the regulations and examples of any integration agreements already signed and information on the measures taken to assist foreigners to achieve the integration objectives set under the agreements.

The Committee is raising other points in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2010.]

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

New developments. The Committee notes the measures referred to in the Government’s report to apply the provisions of the Convention. It notes in particular the establishment of a Central Directorate for Immigration and Border Police under the Department for Public Security of the Ministry of the Interior (Act No. 189 of 30 July 2002), and the amendments made to the Unified Text of Legislative Decree No. 286 of 25 July 1998 on immigration and the legal status of foreigners. The amendments introduce specific sanctions concerning irregular migration, enhanced protection of the right to non-return in the case of loss of employment, and extension of the right to family reunification. The Committee further notes that, following decision No. 5002 of the Council of States (8 September 2006), evidence of the presence in the country for the purpose of regularization can now also be provided by means other than acts or declarations of public bodies. Finally, the Committee notes the initiatives envisaged under the Directive of 3 August 2007 setting out the general objectives for the use of the National Fund for the Social Integration of Immigrants.

Articles 2 to 5 of the Convention. Migrations in abusive conditions. The Committee notes that the Central Directorate for Immigration and Border Police is charged with developing intervention strategies from an international perspective to combat irregular immigration. The Committee also notes that an agreement was signed between Italy and the Libyan Arab Jamahiriya on 19 December 2007, laying down the basis for common action against the trafficking of immigrants (Tripoli Agreement). In addition, a bill has been submitted by the Council of Ministers to Parliament, pursuant to which regular or irregular migrants who have been victims of abuse and exploitation in the agricultural and construction sectors would be granted a special permit to stay in the country on the same terms as victims of trafficking. There also appear to be plans to establish a commission to identify action to fight violence and exploitation of foreign workers (CERD, C/ITA/15, 18 February–7 March 2008). The Committee requests the Government to:

(a)   provide detailed information on the strategies developed by the Central Directorate for Immigration and Border Police with a view to combating irregular immigration and on their implementation;

(b)   supply information on the measures taken or envisaged under the Tripoli Agreement to suppress irregular flows of immigrants and to indicate any other measures taken in collaboration with other States to this end; and

(c)   provide information on legislative developments regarding the protection of migrants who have been victims of abuse and exploitation and the establishment of the commission to identify action to fight violence and exploitation of foreign workers.

Article 6. Sanctions. The Committee notes that article 12 of the Unified Text, as amended by Law No. 189 of 30 July 2002, provides for specific sanctions for those who carry out acts aimed at procuring illegal entry into Italian territory for foreigners, those who derive gain, even indirectly, from such acts, and those who carry out such acts for the purpose of recruiting persons for sexual exploitation or minors to be involved in illicit activities. Furthermore, Act No. 228/2003 relating to the prevention of clandestine immigration, in particular the prevention of trafficking in human beings, has in modifying, among others, articles 600–602 of the Penal Code, introduced more effective sanctions against anyone who carries out acts relating to the enslavement of human beings, trafficking in human beings and giving, selling and purchasing of slaves. The Committee further notes that the Government is currently discussing the adoption of a set of rules on national security providing for the introduction into national legislation of the crime of “clandestine immigration”. The Committee requests the Government to provide full information on the application of the sanctions contemplated by article 12 of the Unified Text and of those provided in the Penal Code concerning human trafficking and slavery. Please also supply information on the scope and definition of the crime of “clandestine immigration” and keep the Committee informed of any legislative developments in this regard.

Article 8. Non-return in the case of loss of employment. The Committee notes the Council of State’s decision No. 2594 of 22 May 2007 which clarifies the extent of section 22(11), of the Unified Text, as amended by Law No. 189 of 30 July 2002, concerning loss of employment of a non-Community worker. According to this decision, in case of loss of employment, non-Community workers, with the exception of seasonal workers, have the right to be registered on placement lists in order to find alternative employment not only until the expiry of their residence permit but also, should the remaining validity of this permit be shorter than six months, for a further period of time which cannot, however, exceed six months from the expiry of the initial residence permit. The residence permit will accordingly be renewed upon request from the migrant worker. The Committee asks the Government to indicate how it is ensured that seasonal workers who have lost their employment prematurely shall not be regarded as being in an irregular situation, in accordance with Article 8.

Article 9(3). Expulsion. The Committee notes that following Decree-Law No. 241 of 14 September 2004 amending the Unified Text, the expulsion order adopted by the administrative authorities shall be transmitted for confirmation to the justice of peace whose decision can be appealed before the High Court. However, this appeal does not suspend the execution of the expulsion order. In this regard, the Committee wishes to draw the Government’s attention to Paragraph 33 of the Migrant Workers Recommendation, 1975 (No. 151), stating that appeal against an expulsion order should stay the execution of the order, subject to the duly substantiated requirements of national security or public order. The Committee hopes that the Government will consider amending the Unified Text in the near future to introduce a provision permitting migrant workers who contest an expulsion order to reside in the country for the duration of the case.

Articles 10 and 12. Equality of opportunity and treatment. The Committee welcomes the initiatives envisaged under the Directive setting out the general objectives for the use of the National Fund for the Social Integration of Immigrants. These include the creation of adequate structures to offer temporary accommodation to migrant workers, the establishment of information and assistance services to help them in the search for housing, the organization of sensitization campaigns to foster the integration of foreign students in the schools, the setting up of programmes to promote the cultural expressions of migrant communities along with programmes aimed at fostering a wider knowledge of Italian language and culture, and the development of specific programmes directed at raising awareness about legislative instruments relevant to migration. Noting that women constitute approximately 49.4 per cent of the total number of immigrants, the Committee also welcomes the projects specifically targeting women migrant workers contemplated in the abovementioned Directive, ranging from training programmes and supply of accommodation, to awareness-raising campaigns aimed at preventing abusive practices against women and programmes intended to enhance women’s access to public services. The Committee asks the Government to provide information on the implementation of these initiatives and their impact in promoting equality of opportunity and treatment between nationals and migrant workers, in particular with respect to women migrants. Please also provide further details on the national policy designed to promote and guarantee equality of opportunity and treatment in respect of all the subjects mentioned in Article 10 of the Convention and on its implementation, including information regarding cooperation with the social partners, pursuant to Article 12.

Article 13. Family reunification. The Committee notes with interest the amendments to the Unified Text introduced by Legislative Decree No. 5 of 8 January 2007 on family reunification for non-Community workers legally residing in the country, transposing EC Directive 2003/86/CE. In particular, the Committee notes that article 29 of the Unified Text now extends the right to family reunification also to children older than 18 years of age, provided that they are unable to look after themselves for reasons of health.

[The Government is asked to reply in detail to the present comments in 2009.]

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Non-discrimination and protection of basic human rights of all migrant workers. The Committee notes the Government’s report in which it reaffirms its commitment to fully protect and respect the rights and dignity of migrants on Italian soil. It notes in particular Legislative Decree No. 215, 2003, concerning equal treatment regardless of race and ethnicity intended to transpose European Community Directive No. 2000/43, in accordance with the 2001 European Community Act (Act. No. 39 of 1 March 2002), and the creation of the Office for the Promotion of Equality of Treatment and the Elimination of Discrimination based on Race and Ethnic Origin (UNAR) in November 2004. The UNAR is charged with promoting equality of treatment to eliminate all forms of discrimination on the basis of race or ethnic origin, to provide legal assistance to persons considering themselves to be victims of such discrimination, and to raise public awareness in relation to racial integration. In addition, the Government has established the Department of Rights and Equal Opportunities within the Office of the President of the Council of Minsters which has far-reaching competence in the area of the promotion of human rights and the prevention and removal of any form of discrimination.

Despite the existence of human rights and anti-discrimination legislation and the creation of administrative and advisory bodies, the Committee notes the apparent high incidence of discrimination and violations of basic human rights of the immigrant population in the country. It notes from the findings of the Advisory Committee on the Framework Convention for the Protection of National Minorities (ACFC) that racism and xenophobia affecting immigrants, asylum seekers and refugees – including Roma – persists in the country creating a negative climate concerning these persons. The ACFC also refers to the sometimes harsh conditions of detention of irregular immigrants, pending their expulsion to their country of origin (ACFC/INF/OP/II2005003, 25 October 2005). The Committee further notes the concluding observations of the UN Committee on the Elimination of Racial Discrimination (CERD/C/ITA/CO/15, March 2008) expressing concern at reports of serious violations of the human rights of undocumented migrant workers, in particular those from Africa, Eastern Europe and Asia, including ill treatment, low wages received with considerable delay, long working hours and situations of bonded labour in which part of the wages are being withheld by employers as payment for accommodation in overcrowded lodgings without electricity or running water. The CERD also refers to the ongoing racist and xenophobic discourse targeting essentially non-EU immigrants, instances of hate speech targeting foreign nationals and Roma, as well as reports of ill-treatment of the Roma, especially those of Romanian origin, by the policy force in the course of raids in Roma camps, notably following the enactment of the presidential decree in November 2007, Law Decree No. 181/07 regarding the expulsion of foreigners.

In the same context, the Committee notes that the UN Special Rapporteur on racism, the UN Independent Expert on minority issues, and the UN Special Rapporteur on the human rights of migrants, issued a statement on 15 July 2008 in which they expressed their serious concern about recent actions, declarations and proposed measures targeting the Roma community and migrants in Italy, in particular the proposal to fingerprint all Roma individuals in order to identify those undocumented persons living in Italy. They also condemned the aggressive and discriminatory rhetoric used by political leaders explicitly associating the Roma to criminality, thus creating an overall environment of hostility, antagonism and stigmatization among the general public.

The Committee is deeply concerned by these reports on violations of basic human rights, especially of undocumented migrants coming from Africa, Asia and Eastern Europe, and of an apparently increasing climate of intolerance, violence and discrimination against the immigrant population, especially the Roma of Romanian origin. As these matters have an impact on the basic level of protection of the human and labour rights and the living and working conditions of the immigrant population in Italy, the Committee considers that they raise serious issues of non-application of the Convention. The Committee recalls the Government’s obligation under Article 1 of the Convention to respect the basic human rights of all migrant workers, irrespective of their migrant status. Moreover, under Article 9(1), the Government has the obligation to ensure that migrant workers, even those illegally employed, are not deprived of their rights in respect of the work actually performed as regards remuneration, social security and other benefits. The Committee also recalls the Government’s obligation under Articles 10 and 12 of the Convention to take measures that guarantee equality of treatment, with regard to working conditions, for all migrant workers lawfully in the country, as well as measures to inform and educate the general public aimed at improving awareness of discrimination in order to change attitudes and behaviour. These should not only cover non-discrimination policies in general but should ensure that the national population accepts migrant workers and their families as fully fledged members of society (General Survey of 1999 on migrant workers, paragraph 426).

The Committee hopes that the Government will be able to act effectively to address the apparent climate of intolerance, violence and discrimination of the immigrant population in Italy, including the Roma, and to ensure the effective protection in law and in practice of the basic human rights of all migrant workers, independent of their status. It hopes that the necessary measures will be taken to help the victims to assert their rights and to ensure that the provisions of the legislation concerning discrimination are better understood and observed, and breach of them more effectively penalized. The Committee hopes that the next report will contain full information on activities undertaken in this area, including activities by the Office for the Promotion of Equality of Treatment and the Elimination of Discrimination based on Race and Ethnic Origin and the Department of Rights and Equal Opportunities. The Committee also refers the Government to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

The Committee is raising other points in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2009.]

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes the detailed information supplied by the Government in its report in answer to the previous comments. It notes with interest that the Unified Text of Legislative Decree No. 286 of 25 July 1998 refers to respect for fundamental human rights, regardless of the person’s legal status in the territory of the receiving State. The Committee draws particular attention to the provisions on education, access to health facilities and maternity protection and asks the Government to continue to send information on the practical application of the Unified Text.

2. Article 8 of the Convention. The Committee notes with interest that, under section 22-9 of Legislative Decree No. 286 of 25 July 1998, loss of employment, including under Italian legislation, the resignation of a non-Community worker who meets the requirements for legal residence in the receiving State, do not ipso facto involve withdrawal of the authorization of residence (permesso di soggiorno). The Committee notes that such workers may be registered on placement lists (liste di collacamento) until expiry of their residence permits and, apart from seasonal workers, for at least one year.

3. Parts IV and V of the report form. The Committee notes that the abovementioned legislation is to be amended, in particular in respect of the prevention of clandestine immigration and the procedures for granting authorizations of residence for employment purposes. It asks the Government to provide information on the new provisions once they are adopted and on any practical difficulties encountered in applying the Convention. Please also indicate whether courts of law or other tribunals have given decisions concerning the application of the Convention. If so, please provide copies of such decisions.

4. The Committee would be grateful if the Government would provide information on the implementation of its policy on equality of treatment between foreign workers and national workers. In view of the growing feminization of international migration movements, the Committee would be grateful for any available information (such as reports, studies, statistics, etc.) concerning measures to combat discrimination against women migrant workers.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the detailed information provided in the Government's report in reply to its previous comments. It also notes that the additional Protocol to the European Social Charter was ratified and brought into force by Act No. 207 of 8 March 1994.

Article 14(a) of the Convention. The Committee notes the Government's statement that the restrictions relating to direct recruitment established by Circular No. 5333 of the Ministry of Labour, dated 18 November 1991, does not concern workers from outside the European Union who are "regularized" under the terms of section 6(1) of Act No. 39/90, to whom the same provisions apply as for Italian workers with regard to direct recruitment and direct transfers. The Government indicates that the above Circular only applies to workers from outside the European Union who are non-resident and come from outside the country.

Point V of the report form. The Committee also notes that amendments are planned to the Martelli Act. It requests the Government to supply information on any new provisions that are adopted and on any practical difficulties encountered in the application of the Convention.

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

Article 14(a) of the Convention. The Committee notes from the Government's report that, under Ministry of Labour Circular No. 5333 of 18 November 1991, employers may not directly recruit workers who are not citizens of an EEC country. According to the Government, this provision is designed to meet the double objectives of protecting such workers from the risks of exploitation and of gaining greater knowledge of them (their number, distribution by occupational activity, etc.), to facilitate application of the provisions of Act No. 39/90 which specifies that manpower movements must be planned and a report on the matter submitted to Parliament.

The Committee asks the Government to provide information on the application of Circular No. 5333 referred to above and to indicate the measures that enable migrant workers who are not citizens of a member country of the EEC to choose their employment freely after they have resided lawfully in the territory for the purpose of employment for a period not exceeding two years.

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

The Committee notes the information supplied by the Government in its report and the observations of the Italian General Confederation of Labour (CGIL) and the Italian Confederation of Workers' Unions (CISL) on the application of the Convention.

With regard, in particular, to the application of Article 1 of the Convention, the Committee notes with interest the adoption of Regional Act (Tuscany) No. 22 of 22 March 1990 to protect and promote the human rights of migrants from outside the EEC, by establishing a Regional Council for extra-community immigration, whose members include representatives of migrants' associations and employers' and workers' organizations. The above Act provides for the adoption and implementation of a programme to cover activities such as reception centres, information, social integration and protection of culture, integration into the labour market, medical and social coverage, accommodation, legal assistance, etc. Similar Acts have been adopted by other regions such as Liguria (Act No. 7 of 9 February 1990), Emilia Romagna (Act No. 14 of 21 February 1990), Puglia (Act No. 29 of 11 May 1990), Umbria (Act No. 18 of 10 April 1990), il Veneto (Act No. 9 of 30 January 1990), etc.

The Committee also notes that under section 11 of Legislative Decree No. 195 of 1 March 1992, extra-community migrants who are lawfully resident in the Italian territory and who are enrolled on placement lists should, for purposes of medical assistance provided by the National Medical Service, be considered as Italian citizens enrolled on the same lists. It also notes the measures taken by almost all the regions to ensure that extra-community migrants receive the same treatment as Italian citizens in respect of social protection and the right of association, in accordance with the provisions of Article 10 of the Convention.

The Committee asks the Government to continue to provide information on any further progress accomplished in this area and on the application of the measures taken to give effect to the Convention.

The Committee also asks the Government to provide information on the points raised in a request addressed to it directly.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Part II of the Convention. The Committee notes the information supplied by the Government in its last report, and in particular the recent amendment of Act No. 943/86, which was revised by Act No. 36 of 28 February 1990 to amend the Legislative Decree of 4 June 1989. It notes that Act No. 36 makes provision for the acceleration of procedures to regularise the situation of migrant workers who do not originate from a member State of the EC, for their social and occupational integration and for their access to employment under the same conditions as those applying to Italian workers. It also notes that a department has recently been set up under the General Directorate of Employment to give effect to these rights, and that a national commission has been set up with the participation of the various trade union organisations in order to deal with the problems of non-EC immigrant workers and their families. The Committee also notes the First National Conference on Immigration, held in Rome in June, and the effect that it may have had on increasing the support of public opinion and the social partners for the national policy of equality of opportunity and treatment. It also notes a series of research projects on immigration in Italy and on the new social problems related to immigration. The Committee hopes that the Government will communicate the results of this research.

The Committee requests the Government to continue supplying information on any measure that is taken concerning migrant workers, in the context of its policy of equality of opportunity and treatment.

The Committee notes the information supplied by the Government in reply to its direct request.

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

1. With reference to its previous comments, the Committee notes the Government's reports which were received in June and December 1989. As regards the application of Articles 8, paragraph 2, and 14(a) of the Convention the Committee notes the Governnent's statements that workers from countries that do not belong to the EEC, who are registered on lists of jobseekers, enjoy the same conditions of access to employment as Italian and Community workers and, where appropriate, the right of access to other jobs. Similarly, when they have completed their first two years' employment in Italy, these workers have free choice of employment, in the same way as Italian nationals and workers from a member State of the EEC. The Committee has also been informed of the adoption of Legislative Decree No. 416 of 30 December 1989 and notes with interest that this legislation provides, among other measures, for the regularisation of the situation of workers who are nationals of countries that are not members of the EEC, both for employees and self-employed workers.

2. As regards the other points raised in its comments, the Committee notes that the Government's reports do not contain the information that was requested. It is therefore bound to take up the matter once again and requests the Government to supply information on the following points:

(a) Article 6, paragraph 2, of the Convention. Please indicate the provisions under which effect is given to this provision of the Convention, by virtue of which, where an employer is prosecuted for the illegal employment of migrant workers, he must have the right to furnish proof of his good faith.

(b) Article 14(c). In its previous reports, the Government indicated that public offices and "functions relating to the definition of the will of the State" ("funzioni che attengano alla definizione della volontá dello Stato") are reserved for Italian nationals. Please give further details on the nature of these offices and functions.

3. The Committee notes with interest the statistical data supplied with the reports and requests the Government to continue supplying such data.

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

Part II of the Convention. The Committee notes the Government's reports. In its previous comments concerning the observations submitted earlier by the Italian General Confederation of Labour (CGIL), the Committee requested the Government to indicate the measures that had been taken or were envisaged, in co-operation with employers' and workers' organisations, to secure the acceptance and observance in practice of the policy of equal opportunity and treatment set out in Article 12 of the Convention, particularly as regards migrant domestic workers.

In its report, received in June 1989, the Government indicates that the existence of Act No. 943 of 1986 which regulates domestic workers and the relevant collective agreement prevent any discrimination, that differences of treatment exist between nationals on the basis of occupation, region and market demand and that these differences of treatment cannot be considered to be discriminatory unless the criteria on which these differences are based or are the product of prejudices or discrimination.

The Committee takes due note of these indications. With reference to paragraph 285 of its 1980 General Survey on Migrant Workers, the Committee recalls that Part II of the Convention requires not only the repeal of statutory provisions and the modification of administrative practices which are discriminatory, but also action by the public authorities to promote equality of opportunity in practice. As regards the content of the national policies designed to promote and guarantee equality of opportunity and treatment, the Committee refers to the indications set out in paragraphs 162 to 170 of its 1988 General Survey on Equality in Employment and Occupation.

The Committee requests the Government to supply information on the measures that have been taken or are envisaged in co-operation with employers' and workers' organisations to secure the observance of a policy of equal opportunity and treatment in employment and occupation for persons who, as migrant workers or as members of their families, are lawfully within its territory. It also requests the Government to supply information on the points raised in a direct request.