2006 TIP REPORT: ITALY

UNCLAS SECTION 01 OF 07 ROME 000599 SIPDIS SENSITIVE DEPT FOR: G/TIP, INL, DRL, PRM, IWI, EUR/PGI, EUR/WE E.O. 12958: N/A TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB IT HUMAN RIGHTS EUN SUBJECT: 2006 TIP REPORT: ITALY REF: 05 STATE 3836 ¶1. Below is the 2006 Trafficking in Persons Report for Italy. Answers are keyed to questions in reftel. The Embassy point of contact is Labor Counselor Candace Putnam, telephone: 39-06-4674-2327, fax 39-06-4674-2623. OVERVIEW -------------- ¶2. (SBU) 21.A. Italy is a country of destination and transit for internationally trafficked men, women and children. There is no evidence that Italy is a country of origin. ¶3. (SBU) Both NGO and government TIP experts agree that there was a general decline in the number of prostitutes and TIP victims in 2005. An increase in the number of Romanian and Moldovan prostitutes did not fill the gap left by a larger decrease in the numbers of Nigerians and Albanians. According to NGOs, a growing number of prostitutes from Eastern Europe are arriving and working voluntarily and thus cannot be classified as TIP victims. As reasons for the decline, sources cite tougher police action against street prostitution, better border controls, education campaigns in countries of origin, and a sluggish economy that is convincing traffickers to send victims elsewhere. Other trends include a growing role for women acting as recruiters and pimps for their countrywomen, traffickers moving victims more frequently between cities and countries, and a continuing decline in the age of prostitutes. ¶4. (SBU) According to PARSEC, the only social research institute that collects reliable statistics on TIP, there were approximately 2,500 new TIP victims in 2005, a decline from 2004. PARSEC estimates that the number of prostitutes (overwhelmingly foreign) in Italy has declined from 20,000- 25,000 to less than 20,000; the Ministry of Interior (MOI) agrees, estimating there are 15,000 street prostitutes. There was an increase in flows with approximately 4,500- 5,000 prostitutes moving in and out of the country; traffickers are also moving victims more frequently with stays in major cities like Rome or Milan for only a few months at a time. The percentage of minors has increased slightly from 5-6% with a drop in the age of Eastern European prostitutes. ¶5. (SBU) There are no specific statistics for other trafficking victims, including forced adult domestic or agricultural labor and trafficking in children; however, our contacts across the board are showing a greater awareness of these issues. Trafficked children work primarily in the sex industry. In the past there were reports of children working in sweatshop labor in Italy's Chinese immigrant community, where children are considered to be part of the family production unit; we have no statistics on this issue. Overall, women and children are more at risk than men. ¶6. (SBU) Sources of information include Government and NGO officials, research projects contracted by the Government and prepared by social research organizations, Government statistics and reports, international conferences, and media reports. ¶7. (SBU) 21.B. Persons trafficked to Italy primarily come from Nigeria, Romania, Moldova, Ukraine, and Albania. Other countries of origin include Russia, Bulgaria, China, East and North African countries and South America (Ecuador, Peru, Columbia, Brazil, Argentina). Sources report that most trafficked Nigerians enter northern Italy legally, via air, from other EU countries; the estimated cost of travel is approximately 5,000 euro. Victims from North and East Africa arrive illegally, via sea routes, especially from Libya, where the journey costs an average of 2,000 euro. Traffickers moving Chinese illegal immigrants are demanding passage fare of 7,000 euro. According to Government and NGO sources, organized traffickers are increasingly sophisticated in the way they routinely move victims between cities and regions within Italy, as well as between European countries. This mobility makes it particularly difficult to accurately measure the number of victims. Trafficking organizations continue to employ principally three north- south axes (focused along the Adriatic and Tyrrhenian coasts) and three east-west axes to move their victims. ¶8. (SBU) PARSEC estimates that 35% of women involved in the sex trade are Nigerian, a 10% decline from last year. The number of Albanian victims has also declined, but an increase in the number of Romanian, Bulgarian, Ukrainian and Moldovan victims has not filled the gap. Data on the origin of victims who receive temporary resident permits and services provide a general sketch of the trafficking situation: In 2005, 922 victims received residence permits, down slightly from 927 in 2004. In 2005, health care, shelter and job training services were provided to victims from Nigeria (34%),Romania (29%),other former Soviet Union countries (16%),Albania (7%) and other countries (14%). Sources noted an increase in temporary (summer) traffic in transsexuals from Latin America, particularly Brazil, who are believed to be TIP victims. For the first time, benefits were extended to immigrants and victims of forced labor. ¶9. (SBU) As the majority of trafficked victims in Italy are women and female children forced to work into prostitution, they face all the attendant risks of unsafe or unprotected sex, and few have access public health services. The majority of Nigerian women arrive willingly, often unaware of actual working conditions. Eastern Europeans often arrive on legal tourist visas in search of legitimate jobs but find themselves in debt and exploited by the co- nationals who loaned them money for the trip. Increasingly, however, Eastern European prostitutes are arriving and working voluntarily. Traffickers enforce compliance by seizing the victims' documents and subjecting them to imprisonment, beatings and rape. ¶10. (SBU) 21.C The 2002-2005 "clean streets" (strade pulite) campaign decreased the number of prostitutes working on the streets and partially shifted prostitution to private residences where it is more difficult to monitor or to assist victims. Implementation of the anti-TIP law depends on cooperation between local police and NGOs; this cooperation varies widely, depending on local leadership. Government authorities neither condone nor facilitate trafficking. However, there have been some isolated reports that local police or border officials have accepted bribes to facilitate issuance of visas or residence permits. ¶11. (SBU) 21.D. The Government does not systematically monitor its anti-trafficking efforts. Various Government agencies do collect national data on TIP arrests and prosecution, victims' assistance programs, illegal immigrants intercepted, issuance of temporarily residence permits, and calls to a victims' hotline. Most national funding is disbursed through grants to NGOs; regional and local governments also fund programs. However, there is no central mechanism for monitoring these activities. PREVENTION -------------- ¶12. (SBU) 22.A. The Government recognizes the problem and has devoted significant resources to combating trafficking in persons. In the past few years, it has established an inter-ministerial committee on trafficking, enacted new legislation to specify trafficking as a crime with increased penalties, developed a victims' assistance program that is considered a model for Europe, funded numerous public awareness campaigns, sponsored international conferences, and worked bilaterally with other countries to control borders and combat trafficking. ¶13. (SBU) 22.B. In 1998, Italy established an inter- ministerial committee to coordinate the fight against trafficking. Government agencies involved include the Ministries of Interior, Equal Opportunity, Justice, Labor and Welfare, and Foreign Affairs, as well as an anti-Mafia prosecutorial unit. Regional and municipal governments are also actively engaged in efforts to combat trafficking. ¶14. (SBU) 22.C. The Ministry of Equal Opportunity has the lead in funding public awareness programs. NGOs continue to distribute materials produced in 2004, including brochures, posters, bumper stickers and TV/radio ads providing information and assistance to victims. Funding cuts prevented introduction of new ad campaigns in 2005. Equal Opportunity also established a toll-free hot line to provide information and assistance to victims. Between January and November 2005, the hotline received over 73,000 calls, nine percent of which were from trafficking victims. ¶15. (SBU) 22.D. In 2005, the MOI continued to fund outreach/information campaigns in Bosnia-Herzegovina (police training) and Bulgaria (campaign in schools). MOI also financed and distributed a new book for law enforcement officials on TIP laws and best practices for dealing with victims. In 2005, the Ministry of Foreign Affairs financed a television spot aired on national and local stations in Balkan countries to inform young women about the risk of being lured by traffickers and remaining trapped in prostitution in Western Europe. Italy combats trafficking through its law enforcement activities and funds numerous national and international projects aimed at helping victims. Italy spent xxx (need to update) million on law enforcement activities and 4.3 million euro on TIP victims' assistance programs in 2005; 70% of victims' assistance was provided by the national government and 30% by regional and municipal governments. ¶16. (SBU) 22.F. The government funds and works closely with over 200 NGOs involved in anti-trafficking initiatives; many of these provide independently funded services for TIP victims. Both jointly participate in seminars, conferences, training, and outreach programs. NGOs do not hesitate to express their opinions, even when they disagree with government officials. ¶17. (SBU) 22.G. With over 2,000 miles of coastline and geographic proximity to both North Africa and Eastern Europe, Italy has become a new frontier for illegal immigration. Between 50,000-70,000 illegal immigrants entered Italy in 2005, 22,800 of them from North Africa; approximately 24,000 were either expelled or denied entry in the first five months of 2005. The Government has responded with both bilateral and international initiatives to control illegal immigration. Italy successfully conducted joint border patrols with and provided immigration control training to Slovenia and Albania, efforts that dramatically cut trafficking flows across the Adriatic. It began a similar effort with Libya in 2003-04; according to the International Organization for Migration, this reduced by half the number of illegal immigrants entering Italy from North Africa. The MOI insists that it properly screens illegal immigrants for asylum seekers and TIP victims, although some NGOs were critical of these efforts. ¶18. (SBU) 22.H. The Ministry for Equal Opportunity leads an inter-ministerial committee charged with monitoring trafficking and coordinating government activity to combat it. Other members include the Ministries of Interior, Justice, Labor and Social Affairs, and Foreign Affairs, as well as a special anti-Mafia prosecutorial unit. In October 2004, Italy created a Public Corruption Task Force. ¶19. (SBU) 22.J. There is no annual action plan to combat trafficking. There is a national action plan for assisting victims. The inter-ministerial Committee Against Trafficking, led by the Ministry of Equal Opportunity, is responsible for coordinating policy at the national level. The Ministry regularly works with NGOs to coordinate and implement anti-TIP initiatives. INVESTIGATION AND PROSECUTION ¶20. (SBU) 23.A. The most recent anti-trafficking law was enacted in 2003. It specifically prohibits trafficking in persons; trafficking previously had been prosecuted using other sections of the Penal Code. The law provides for increased sentences of 8-20 years' imprisonment for trafficking in persons and for enslavement. For convictions in which the victims were minors destined for prostitution, sentences were increased by one-third to one-half (to 12-30 years). The law applies special anti-Mafia prison conditions to traffickers that are designed to limit criminals' ability to continue their operations from jail. The law also mandates strong penalties (4-12 years' imprisonment; fines up to 15,000 euro for each alien smuggled) to combat alien smuggling and human trafficking. ¶21. (SBU) 23.B. See 23.A. Forced labor is covered under the anti-trafficking law. ¶22. (SBU) 23.C. The penalty for rape or forcible sexual assault is up to 12 years' imprisonment. ¶23. (SBU) 23.D. Prostitution is legal in Italy and prostitutes may solicit clients on the street or make arrangements to meet in private residences. The legal minimum age is 15. Prostitution is not formally regulated. Prostitutes do not face criminal charges for their activities, but authorities use other administrative regulations (i.e., loitering and traffic laws) to discourage their activities. The law does criminalize organized prostitution. Brothel owners/operators and pimps do face criminal charges. ¶24. (SBU) 23.E. Italy's anti-TIP law does not require the government to maintain statistics on prosecution; however, the Ministry of Justice is now providing national data on investigations, arrests, prosecutions and convictions. This data continues to lag behind the USG TIP Report's schedule. The USG request for data on sentencing was added in 2004, and the government has promised to provide 2005 data when it becomes available. ¶25. (SBU) Investigations and arrests: The number of persons investigated for trafficking decreased from 2,231 in 2003 to 1,861 in 2004; arrests increased from 328 to 341 respectively. We do not yet have data for 2005. ¶26. (SBU) Convictions and prosecutions: The slow pace of the Italian justice system creates extensive delays between arrests and convictions, but most trafficking defendants remain in detention during criminal proceedings. The MOJ reports on the number of court rulings acted upon; one case can include more than one person charged with multiple crimes. Between 2003-2004, the number of lower court rulings increased from 56 to 120 (64 percent of which were convictions); the total number of convictions increased from 32 to 77 respectively; the number of appeals decreased from 45 to 40, but appeals were denied in 95 percent of the cases. We do not have reliable statistics on individual convictions. Because some court cases were filed under the old laws, it will take time for statistics to fully reflect a commitment to enforcing the 2003 law. We do not yet have 2005 data on convictions and prosecutions. ¶27. (SBU) 23.F. Traditionally, trafficking victims from the Balkans and Eastern Europe are controlled by organized crime groups, frequently from Albania. Although Albanian groups continue to participate heavily in trafficking in Italy, their role as middlemen has diminished as Romanian, Moldovan, Bulgarian and Ukrainian crime organizations traffic in their co-nationals. Because the Albanian mafia is considered the most violent, a decline in their activities has decreased violent abuse of trafficked prostitutes. An unwelcome development, however, is the increased use of women from Eastern European acting as recruiters and pimps for their countrywomen. Women reportedly are considered by victims as more trustworthy interlocutors, and police are less likely to stop a group of women traveling together than a man and a group of women. ¶28. (SBU) Nigerian prostitutes work individually or are controlled by a Nigerian madam, usually a formerly trafficked person, who holds the lien on the loan paid by the victim. Victims from Africa and the Middle East usually are controlled by small, freelance operators who generally smuggle individuals for a one-time fee. ¶29. (SBU) Italian organized crime has not traditionally been involved in trafficking, except for providing logistical support and lodging. Routes and operations tend to follow established methods and organizations for moving illegal drugs, weapons and other contraband. ¶30. (SBU) 23.G. Italians use a full range of methods, including electronic surveillance and undercover operations, to investigate trafficking cases. Prosecutors report that telephone intercepts are the most widely-used tool in investigations. Plea bargaining is not allowed in Italy, but those convicted may receive reduced sentences if they cooperate with prosecutors. Article 18 of the Anti- Trafficking Law allows victims to receive a temporary resident permit. Investigators consider this a useful tool in obtaining cooperation and testimony leading to the arrest and conviction of traffickers. ¶31. (SBU) 23.H. The MOI has specialized training to sensitize police to the problem of trafficking, the difference between trafficking and illegal immigration, the need to treat victims as victims, and the special skills to investigate cases. As of 2005, there were over xx (need to update) police officers in Italy specialized in the handling of trafficking cases. The Ministry of Equal Opportunity also has printed and distributed a booklet outlining the provisions of the 2003 anti-Trafficking law and participated in training programs for magistrates and police officers. In 2005, the MOI also produced a book for law enforcement officers on TIP laws and best practices for assisting victims. ¶32. (SBU) 23.I. The Government cooperates with other governments in investigating and prosecuting trafficking cases. In 2004, the anti-Mafia unit of the MOJ signed an agreement with the Nigerian MOJ to improve the exchange of information on investigations under the aegis of UNICRI (United Nations Interregional Crime and Justice Institute), Italy actively participates in EU-wide initiatives to share information on law enforcement, especially cross-border crimes, but differences in legal systems, law-enforcement organization, and criminal statutes impeded cooperation. In 2005, Italian police worked with their counterparts in Greece, France, UK and Turkey to disrupt 90 members of a criminal organization that had trafficked more than 5,000 Kurds and other nationals from the Middle East. Also in 2005, Italian magistrates cooperated with colleagues from Romania on cross-border trafficking cases. In 2006, Italian police, in cooperation with Libyan authorities, disrupted a 33-person gang (Libyans, Ethiopians, Bulgarians) accused of trafficking and smuggling illegal immigrants; of the 22 arrested, some may face charges of murder for killing two Nigerians who attempted to escape during a sea crossing. ¶33. (SBU) 23.J. Italy has not been asked to extradite persons charged with trafficking in other countries, nor has it had any cases requiring extradition of one of its own nationals charged with a trafficking offense. The 2003 law provides a clear new legal basis for such extraditions. ¶34. (SBU) 23.K. There is no evidence to indicate Government involvement in, or tolerance of, trafficking on a local or institutional level. ¶35. (SBU) 23.L. See 23.K. ¶36. (SBU) 23.M. Italy does not have a child sex tourism problem and, in fact, has a model Code of Conduct for the Italian tourism industry to combat sex tourism. The law punishes with imprisonment and/or stiff fines crimes relating to child prostitution and child pornography, even when the offense is committed abroad. This law applies to Italian military/police participating in overseas operations. ¶37. (SBU) 23.N. In 2000, Italy signed and ratified ILO Convention 182 Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forces of Child Labor. --Italy has signed and ratified ILO Convention 29 and 105 on forced or compulsory labor. --In 2000, Italy signed the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution, and child pornography; Italy ratified it in 2002. --In 200, Italy signed the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the UN Convention Against Transnational Organized Crime; Italy ratified it in 2002. PROTECTION AND ASSISTANCE TO VICTIMS ¶38. (SBU) 24.A. Italy continued to expand implementation of the 2003 Anti-Trafficking Law. Article 18 of the law provides for temporary residence/work permits that can lead to permanent residency and victims' assistance programs. Minors receive an automatic residency permit until they are ¶18. Adults who are identified as trafficking victims are granted a six-month residency permit, renewable if the person has found work or has enrolled in a training program. In 2005, victims requested approximately 1,100 temporary residence visas; 922 were issued. The Government provides legal and medical assistance through NGOs as soon a victim has been identified. ¶39. (SBU) In 2005, the Ministry of Equal Opportunity spent over 4.3 million euro on 72 projects to assist 7,400 women victims. The services provided included health care (48%), legal advice (32%),and psychological support (20%). Under Article 18, 1,900 victims, including 139 minors, entered social protection programs, a 2% decrease from 2004 (note: incomplete data for 2005). The majority of victims were housed in shelters, while others lived independently with support. Other projects funded included reintegration, assisted repatriation, victims' assistance and job training programs. NGOs, with Government funding, provided literacy courses for 428 people and vocational training for 462; they helped 265 victims find temporary employment and another 840 find a permanent job. Officials noted the challenge of assisting a diverse group of victims; Nigerians often arrived illiterate with few job skills, while most Eastern Europeans were better educated and more easily integrated into both society and the workplace. ¶40. (SBU) 24.B. Yes, the Government provides funding for both domestic and foreign NGOs. See above. ¶41. (SBU) 24.C. Article 18 provides for the identification and transfer of victims placed under protective custody to NGOs that provide transition, reintegration and/or repatriation services to victims. NGOs that receive victims are registered by the Ministry of Labor and Welfare and monitored by the Ministry of Equal Opportunity. ¶42. (SBU) 24.D. Victims in Italy usually do not face prosecution for other laws they may have broken if they file a complaint against a trafficker. There was still some deportation of victims, especially Nigerian prostitutes. ¶43. (SBU) 24.E. The Government encourages victims to assist in the investigation and prosecution of trafficking through the offer of a temporary residence permit. Some NGOs criticized the Government for conditioning, in some cases, issuance of the permit in exchange for cooperation. Italian law does not allow victims to seek redress or compensation through civil court proceedings. A victim who is a material witness in a court case against a former employer is allowed to obtain other employment. Under a victims' restitution program monitored by the IOM, 78 victims (Romanians and Nigerians) were repatriated in 2005. These victims were given 500 euro by the Government for repatriation, up to 1,600 euro for resettlement in their home country, and reintegration assistance for six months. ¶44. (SBU) 24.F. The Government can and does protect victims and witnesses. Victims are enrolled in programs run by NGOs or religious communities that provide shelter and support. ¶45. (SBU) 24.G. Both MOI and the Ministry of Equal Opportunities provide training to identify and assist victims. Since Italian citizens are not victims of trafficking, Italy does not provide training to its embassies and consulates and does not need to provide assistance to repatriated nationals. ¶46. (SBU) 24.H. Italian nationals are not victims of trafficking. ¶47. (SBU) 24.I. There are over 200 domestic and international NGOs working in Italy that work on the trafficking issue. The most notable include: (a) PARSEC. This is a social research institute that collects the most reliable data on trafficking in Italy. It also operates several mobile assistance units and works closely with local governments. (b) On The Road Association. Located in the Marche, Abruzzo, and Molise regions, it provides legal, medical, social, and psychological assistance through its mobile units, shelters and safe houses. It also has an employment program that provides victims with jobs and pays them for their work. (c) CARITAS. This is a large lay Catholic association that works with the needy in numerous shelters throughout Italy. It collects statistics on and works with immigrant communities providing food, shelter and assistance. (d) ECPAT (End Child Prostitution, Pornography and Trafficking) and Save the Children. Both work with other NGOs to ensure that police treat juvenile prostitutes as trafficking victims, not criminals. (e) Gruppo Abele and IROKE in Turin, the Orlando Association in Bologna, and Progetto Arcobaleno in Florence also have multiple projects to assist trafficking victims. ¶48. (SBU) Post spent a total of 65 hours preparing this report; 15 hours for one officer and 50 hours for one FSN.