Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (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.