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.