ITALY: 2007 TIP REPORT

UNCLAS SECTION 01 OF 08 ROME 000411

SIPDIS

SENSITIVE, SIPDIS

DEPT FOR G/TIP, G, INL, DRL, PRM, EUR/PGI

E.O. 12958: N/A
TAGS: KCRM PHUM KWMNSMIG KFRD ASEC PREF ELAB IT
SUBJECT: ITALY: 2007 TIP REPORT

REF: STATE 202745


1. (U) This is the 2007 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.


2. (SBU) 27. 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. The Prodi government
that was elected in April 2006 is actively increasing Italy's
anti-TIP activities (see 27.C).

Both NGO and government TIP experts agree that the number of TIP
victims remained stable in 2006. There were some increases in the
number of prostitutes from China and South America. According to
NGOs, a growing number of prostitutes from Eastern Europe are
arriving and working voluntarily and thus cannot be classified as
TIP victims. However, the EU-mandated closure of orphanages in
Romania did result in an increase in the number of Romanian minors
working as prostitutes. Other continuing 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.

According to the Ministry of Interior there were approximately 3,000
TIP victims in 2006, a number consistent with estimates by PARSEC,
the only social research institute that collects reliable statistics
on TIP. PARSEC, which published an overall report on new
trafficking trends in 2006, asserted that there are approximately
20,000 street prostitutes (overwhelmingly foreign); the Ministry of
Interior (MOI) agrees, maintaining there are approximately 15,000
street prostitutes. Of these PARSEC calculates there are
approximately 13,000 prostitutes active in apartments or clubs.
Approximately 4,500-5,000 prostitutes move in and out of the country
every year, especially in the summer; 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 to 7-10% of total victims with a drop in the age
of Eastern European prostitutes. Minors represented about 15% of
the total victims smuggled from Romania.

There are no specific statistics for other trafficking victims,
including forced adult domestic or agricultural labor and
trafficking in children; however, the Ministry of Labor is engaged
in an effort to compile data on forced labor. Problems with forced
labor occur primarily in the agricultural sector and mostly in the
South. In one case that received wide press coverage, police freed
113 Polish tomato pickers in Puglia during raids that revealed
prison-like labor camp conditions. Italian and Polish authorities
exposed an international criminal gang which smuggled an estimated
1,000 Polish workers to Italy. Many of the victims, who responded
to newspaper advertisements promising seasonal jobs, were forced to
work at least 12 hours a day controlled by armed guards and received
wages of only $1.25-$3.75 per hour. Trafficked children work
primarily in the sex industry and as beggars. Overall, women and
children are more at risk than men.

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.


3. (SBU) 27. 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). Greece and Cyprus increasingly are transit countries
for victims trafficked from Eastern Europe. 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

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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.

PARSEC estimates that 35% of women involved in the sex trade are
Nigerian. The vast majority of victims are Romanian, Bulgarian,
Ukrainian and Moldovan. Data on the origin of victims who receive
temporary resident permits and services provide a general sketch of
the trafficking situation: In 2006, 927 victims received residence
permits, down slightly from 942 in 2005. In 2006, health care,
shelter and job training services were provided to victims from
Nigeria (38%),Romania (30%),other former Soviet Union countries
(11%),Albania (5%) and other countries (16%). Sources confirmed an
increase in temporary (summer) traffic in prostitutes from Latin
America who are believed to be TIP victims.

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.


4. (SBU) 27. C. The government recognizes the problem and has
devoted significant resources to combating trafficking in persons.
The previous Berlusconi government enacted legislation in 2006 to
raise the minimum legal age for prostitution from 15 to 18 years of
age. The Prodi government elected in April 2006 has increased
Italy's focus on anti-TIP activities. Under the Prodi government,
the Council of Ministers issued a decree to extend Article 18
benefits (job training, assistance) to TIP victims from EU countries
and a pending law to establish minimum levels of assistance to
victims of violence and allow NGOs to represent victims of
trafficking in court. There is pending legislation to extend
Article 18 benefits to victims of forced labor and to increase
protection of women from violence. The Ministry of Interior has a
new committee designed to better monitor and prosecute TIP crimes
and has welcomed NGOs into the policy-making process.

The 2006-2007 "Operation Spartacus" campaign was aimed at stopping
trafficking in persons and illegal immigration. The operation also
focused on counterfeiting of documents, exploitation of illegal
workers and organized criminal syndicates. It resulted in the arrest
of 784 persons on charges of trafficking in persons and smuggling of
illegal workers; 1,311 people were being investigated. Further
investigations are underway on the subject of suspected visa fraud,
although no arrests have been made to date. Our Ministry of
Interior contacts report they are committed to prosecuting TIP cases
but said that it was hard to meet the law's evidentiary standards,
so in many cases authorities rely on immigration law to stop
trafficking.

The police report that, in the past, a small number of Chinese
prostitutes worked exclusively in Chinese immigrant communities but
now they are present in massage and beauty parlors frequented by
Italians. Although their numbers are growing, the authorities do
not consider most to be victims. Nigerian minors continue to be
subject to voodoo rituals, and police report that some Nigerian
parents are selling their children into slavery. The number of
prostitutes working on the streets is decreasing while the number
working in private residences where it is more difficult to monitor
or to assist victims is growing.

Operation Spartacus also revealed Rom children working as beggars.
In a disturbing development, our sources report that the EU-mandated

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closure of Romanian orphanages had the unintended consequence of
making many of these minors TIP victims. Because they are now
members of the EU, these Romanians are sent to shelters for minors
(vs. police-controlled immigration centers as in the past) where
they are eligible for assistance. However, many simply run away
before Italian NGOs can provide help. Government authorities
neither condone nor facilitate trafficking.


5. (SBU) 27. D. Italy does not systematically monitor its
anti-trafficking efforts. However, the Minister for Equal
Opportunities is implementing a new monitoring system at national
and regional levels. "On the Road", an NGO which assists victims,
has created an independent observatory on trafficking funded by the
European Union. 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
--------------


6. (SBU) 28.A. The Government recognizes that trafficking in
persons is a problem and has devoted significant resources to
combating TIP.


7. (SBU) 28.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 (now split into Labor and
Social Affairs),and Foreign Affairs, as well as an anti-Mafia
prosecutorial unit. Regional and municipal governments are also
actively engaged in efforts to combat trafficking. (See also
27.C.)


8. (SBU) 28.C. The Ministry of Equal Opportunity has the lead in
funding public awareness programs. NGOs continue to distribute
materials produced in 2004 and 2005, including brochures, posters,
bumper stickers and TV/radio ads providing information and
assistance to victims. A new ad campaign will be implemented in

2007. Equal Opportunity also established a toll-free hot line to
provide information and assistance to victims and trained its
operators. (TO BE UPDATED: Between January and November 2005, the
hotline received over 73,000 calls, nine percent of which were from
trafficking victims.)

In 2006, the Ministry of Interior (MOI) completed its
outreach/information campaigns in Bosnia-Herzegovina (police
training) and Bulgaria (campaign in schools) Hungary and Croatia.
In 2005 MOI also distributed a new book for law enforcement
officials on TIP laws and best practices for dealing with victims.
Italy combats trafficking through its law enforcement activities and
funds numerous national and international projects aimed at helping
victims. Italy spent 6.8 million euro on TIP victims' assistance
programs in 2006; 70% of victims' assistance was provided by the
national government and 30% by regional and municipal governments.



9. (SBU) 28.D. The Ministry of Social Affairs (a new ministry
under the Prodi government) funds programs for unaccompanied minors
that include housing, social assistance and education and are
implemented by NGOs.


10. (SBU) 28.E. 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. Under the
Prodi government, NGO representatives are members of a Committee on
TIP appointed by the Ministry of Interior to offer advice on
prevention and enforcement of legislation. 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.


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11. (SBU) 28.F. 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 2006, 22,800 of them from North
Africa. Approximately 25,000 were expelled and 21,000 denied entry
in 2006. 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 considerably the number of
illegal immigrants entering Italy from North Africa.

Following criticism of the previous government on the way Italy
handled immigrants at detention/processing centers, the MOI
appointed an independent commission to study complaints about
discrimination and mistreatment. Based on the committee's report,
the MOI intends to improve the screening process of illegal
immigrants for asylum seekers and TIP victims.


12. (SBU) 28.G. 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.


13. (SBU) 28.H. There is no national action plan to combat
trafficking, although for the first time authorities are discussing
the need for one. 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
--------------


14. (SBU) 29.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.


15. (SBU) 29.B. See 29.A.


16. (SBU) 29.C. Forced labor is covered under the anti-trafficking
law.


17. (SBU) 29.D. The penalty for rape or forcible sexual assault is
up to 12 years' imprisonment.


18. (SBU) 29.E. Prostitution is legal in Italy and prostitutes may
solicit clients on the street or make arrangements to meet in
private residences. A law approved in 2006 raised the new legal
minimum from 15 to 18 years of age. 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.


19. (SBU) 29.F. 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

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investigations, arrests, prosecutions and convictions. This data
continues to lag behind the USG TIP Report's schedule.

Investigations and arrests: The Ministry of Justice has provided
only partial data for 2006 which covers only 37% of jurisdictions.
We will provide complete data as soon as it is available. (TO BE
UPDATED: The number of persons investigated for trafficking
increased from 1,861 in 2004 to 2,045 in 2005; arrests decreased
from 341 to 304 respectively.)

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. (TO BE UPDATED: Between 2004-2005, the number of
lower court rulings decreased from 120 to 102 with 125 defendants
convicted and 48 acquitted; the total number of convictions
decreased from 77 to 50 respectively; the number of appeals
decreased from 40 to 38 with 26 defendants convicted and 3
acquitted, but appeals were denied in 92 percent of the cases.)


20. (SBU) 29.G. Traditionally, trafficking victims from the Balkans
and Eastern Europe are controlled by organized crime groups,
frequently from Romania and 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.

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. The police noted
an increase in the number of Chinese prostitutes (See 27.C.).

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.


21. (SBU) 29.H. 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.


22. (SBU) 29.I. 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. In 2006 the
European Union funded a program of training the trainers for
magistrates, law enforcement agents and NGOs who work with victims
of trafficking. In 2007 this initiative will be extended to include
a large number of beneficiaries. In 2005, the Ministry of Equal
Opportunity also 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.


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23. (SBU) 29.J. 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 2006-07, the Italian Central Operations Division of the Ministry
of Interior's Anti-Crime Directorate cooperated with colleagues from
Romania to conduct "Operation Spartacus," aimed at stopping
trafficking in persons and illegal immigration. 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. 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.


24. (SBU) 29.K. 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.


25. (SBU) 29.L. There is no evidence to indicate Government
involvement in, or tolerance of, trafficking on a local or
institutional level. Operation Spartacus, however, did prompt a new
investigation into alleged visa fraud.


26. (SBU) 29.M. See 29.L.


27. (SBU) 29.N. 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. Under the law, domestic courts may
try citizens, and permanent residents who engage in sex tourism,
including outside the country, even if the offense is not a crime in
the country in which it occurred. In 2006, in the first case
applying the extra-territorial aspect of the law against sexual
tourism, prosecutors charged an individual for activities in
Thailand in 2003-2005.

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.


28. (SBU) 29.O. 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
--------------


29. (SBU) 30.A. Italy continued to expand implementation of the
2003 Anti-Trafficking Law (see 27.C). Article 18 of the Immigration
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

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residency permit, renewable if the person has found work or has
enrolled in a training program. In 2006, victims obtained 927
temporary residence visas. The Government provides legal and
medical assistance through NGOs as soon a victim has been
identified. In 2006 the Department of Equal Opportunities allocated
2.5 million euro for an additional plan for emergency assistance to
victims based on Article 13 of Law 228/03, and approved 26 projects
implemented by NGOs.

In 2006, the Ministry of Equal Opportunity spent over 4.3 million
euro on 77 projects to assist 7,300 women victims. The services
provided included health care (45%),legal advice (27%),and
psychological support (23%) and other services (5%). In 2006, under
Article 18, 2,100 victims, including 196 minors, entered social
protection programs, a 41% increase from 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 340 people and vocational training for 430; they helped 301
victims find temporary employment and another 888 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.


30. (SBU) 30.B. Yes, the Government provides funding for both
domestic and foreign NGOs. See above.


31. (SBU) 30.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.


32. (SBU) 30.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. An independent Committee nominated
by the Minister of Interior criticized the screening process of
illegal immigrants aimed at identifying victims that was deemed
partially ineffective. (See 28.F)


33. (SBU) 30.E. The Government encourages victims to assist in the
investigation and prosecution of trafficking through the offer of a
temporary residence permit. 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, 69 victims (Romanians and
Nigerians) were repatriated in 2006. 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.


34. (SBU) 30.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.


35. (SBU) 30.G. Both MOI and the Ministry of Equal Opportunities
provide training to identify and assist victims. (See 29.I) 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.


36. (SBU) 30.H. Italian nationals are not victims of trafficking.


37. (SBU) 30.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

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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.