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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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1. Freedom of workers to terminate their employment:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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