2009 TRAFFICKING IN PERSONS REPORT FOR ITALY PART 1

UNCLAS SECTION 01 OF 06 ROME 000209 SIPDIS E.O. 12958: N/A TAGS: KTIP ELAB KCRM KFRD KWMN PGOV PHUM PREF SMIG, KMCA, PREL, IT SUBJECT: 2009 TRAFFICKING IN PERSONS REPORT FOR ITALY PART 1 REF: SECSTATE 02094 ROME 00000209 001.3 OF 006 ¶25. Below are responses to the TIP questions for 2009. ¶25. A 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. The Ministry of Equal Opportunity promoted the creation of a national observatory on TIP--which is not fully operational yet--in cooperation with Transcrime, an independent research center. (see 26.D.) ¶25. B 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. Both NGO and government TIP experts agree that the number of TIP victims remained stable in 2008. According to NGOs and government officials, the majority of sex workers from Eastern Europe arrive and work voluntarily, and thus cannot be classified as TIP victims. Of those trafficked, about 40 percent of trafficked sex workers come from Romania, according to the Italian Ministry for Equal Opportunity. Other continuing trends include a large number of women who enter the country voluntarily, and an increasing number of victims trafficked for labor outside of the sex industry. In 2009, the mayors of a number of large cities implemented measures designed to limit street prostitution based on the security decree enacted by the government in 2008. These measures included barring individuals from congregating along certain streets and from dressing in provocative ways that were identified with prostitutes. Local authorities enforced such rules, especially in big cities. As a consequence, beginning in the second half of 2008 and continuing throughout 2009, some sex workers moved to nearby villages or to apartments and clubs, and those who remained on the street often did so further away from urban centers, and dressed less provocatively. With prostitution increasingly hidden from the public eye, the identification of victims of trafficking is becoming more difficult. According to PARSEC, the only social research institute that collects reliable statistics on TIP, the number of TIP victims remained stable in 2009 at 2,500. A senior researcher at PARSEC maintained that there are approximately 28,000 sex workers (overwhelmingly foreign) working the streets, around 80 percent Romanian and Nigerian. Between 50 and 60 percent of sex workers--especially those coming from Romania, Moldova, and Ukraine--agree on a certain degree of exploitation in exchange for protection; 30 to 50 percent of their income goes to traffickers and pimps. Alien smuggling often entails elements of exploitation; in some instances, smuggled immigrants accept to be exploited and then find themselves trapped in slavery. PARSEC estimates there are approximately 16,000 sex workers active in apartments or clubs, mainly Eastern Europeans. Approximately 8,000 sex workers move in and out of the country every year, especially in the summer. The security package approved by Parliament in 2009 made entering or staying in Italy without permission a crime punishable by a fine of 5,000 to 10,000 euro, expedited expulsions of illegal immigrants, and stiffened penalties for landlords to up to three years of prison if they rent to undocumented migrants. Its implementation led to a drop in the number of street sex workers in major cities like Rome and Milan. Most of them moved to the outer suburbs of the same cities, small towns, or clubs and private apartments, where they are more susceptible to violence and other abuse. According to IOM and independent experts, criminalization of illegal immigration made screening for trafficked victims a daunting challenge and police were more inclined to expel aliens, often failing to screen them to see if they had been victims of trafficking. Government sources acknowledge that police should be better trained and apply legislation on trafficking and illegal immigration more evenly through the country, in cooperation with NGOs. Minors represented 10 percent of the total number of victims, and 13 percent of Romanian and Nigerian victims. According to the Ministry of Labor, at the end of 2009 there were about 6,100 unaccompanied minors registered by the government; only 23 percent of them held documents. The top three countries of origin were Morocco, Egypt, and Albania. The Ministry of Interior announced that 810 victims received ROME 00000209 002.3 OF 006 residence permits in 2009, compared to 664 in 2008. In 2007, health care, shelter and job training services were provided to victims from Nigeria (50 percent),Romania (15 percent), China (5 percent),and Moldova (4 percent). Four out of five victims were sexually exploited, with most of the rest victims of labor exploitation or, in a few cases, compelled to beg. In June 2009, police found 18 Nigerian women kept in captivity and reduced to slavery, some of whom were minors, and arrested eight people accused of abetting illegal immigration, slavery, exploitation of prostitution and trafficking in drugs. The criminal organization was led by two brothers from Benin who smuggled the women from Nigeria through Libya and forced them into prostitution in Italy. There are no specific statistics for other trafficking victims, including forced domestic or agricultural labor for adults and trafficking in children. In general, a significant percentage of workers (10-15 percent) in these fields are hired illegally and a small percentage of them are exploited or trafficked. According to experts, of the 70,000 foreign men who arrived in the country illegally in 2009, up to 30,000 were exploited. An increasing demand for cheap goods and services resulted in a growing demand for unskilled immigrant labor to fill undesirable jobs in sectors such as agriculture--particularly harvesting crops, house-cleaning, construction, hotels, and restaurants. PARSEC estimates that about 500 victims of labor trafficking work outside the sex industry. Major problems with forced labor occur primarily in the agricultural sector and mostly in southern Italy, where the vast majority of migrants work without a legal contract. In 2009, labor inspectors found 98,400 unregistered workers employed by 80,000 of the 100,600 farms under scrutiny. They were recruited by middlemen--called "caporali"--who select the workforce for the farm owners and make sure the job gets done. Recruiters are often foreigners and linked to organized crime based in southern Italy. In some instances, foreigners are employed by fake employers as seasonal workers and then become overstayers exploited in different regions. The top source countries for agricultural workers are Romania, Poland, Albania, Morocco, Pakistan, Bangladesh, Senegal, Ghana and the Ivory Coast. In January 2010, violence erupted in Rosarno, a small town in the province of Reggio Calabria, during demonstrations by hundreds of Africans, after an incident in which unknown assailants shot at two of them with a pellet gun. About 2,000 seasonal workers and 500 permanent workers had been employed illegally in the Rosarno valley; their recruiters and exploiters were part of a Mafia-run employment system. A large number of them held temporary residence permits while others were granted asylum. Of the 1,000 immigrants temporarily hosted in immigration centers run by the Ministry of Interior, only eight requested residence permits as trafficking victims. Declining EU subsidies to southern farmers caused rising unemployment of seasonal workers in Rosarno where the African migrants were perceived as a burden by the 15,000 town residents. In July 2009, an IOM team assisted 700 migrants living in abandoned buildings without water and electricty near Naples. The majority of them came to Italy with a regular visa, but then the employers with whom they had contracts failed to offer them work. In January 2010, the government adopted a plan to combat undeclared work in construction and agriculture sectors, in four southern regions: Campania, Apulia, Calabria and Sicily. About 20,000 companies are being inspected by a task force composed of 550 officers. The Labor Ministry promoted partnership between local authorities, NGOs, and religious communities with the aim of providing seasonal agricultural workers with housing in the South. In some cases, prosecutors are not able to prove the crime of trafficking in persons for lack of evidence and charge offenders with other crimes, such as abetting illegal immigration. In most cases, laborers receive some payment for their work, though they generally cannot refuse to work. There are also reports of smuggled immigrants who enter Italy freely to obtain seasonal employment and become trapped after exploiters confiscate their passports. ROME 00000209 003.3 OF 006 ¶25. C Most children and women victims are trafficked into commercial sex slavery. Trafficked children work primarily in the sex industry and as beggars. Exploiters often seize their documents and most of their earnings. Victims are segregated and obliged to work long hours and move frequently to other cities or abroad. Men are trafficked into low-paid hard jobs in agriculture or in the service sector and are subject to debt bondage and slavery. Social workers reported that in big cities there were isolated cases of male children rented out to clients who pay a fee in advance to traffickers. Chinese men and women are exploited in Italy as forced labor. They usually arrive in Italy via Russia into Greece where they board small ships that also carry drugs into Italy. Chinese women are separated during these trips and usually end up performing forced labor in Milan, Florence, and Naples. ¶25. D Persons trafficked to Italy primarily come from Nigeria, Romania, and Eastern Europe. Other countries of origin include Russia, China, Uzbekistan, East and North African countries and South America (particularly Peru, Colombia, and Brazil). Most trafficked Nigerians enter northern Italy legally, via air, from other EU countries. Their estimated cost of travel is approximately 6,000 euro. Victims from North and East Africa arrived illegally, via sea routes, especially from Libya, where the journey costs approximately 2,500 euro. Between May 1 and September 22, the Ministry of the Interior identified 1,800 individuals who came ashore illegally from North Africa, compared to 18,800 in the same period of 2008. The Italian government attributes this decline to accords signed with Libya and other African countries, as well as increased sea patrols. Hunger, wars and lack of jobs drove these immigrants to leave their countries. They were allowed to stay in temporary centers around the country and wait for a final decision on their asylum applications. Some, who fled the shelters, were at risk of being trafficked for sexual or labor exploitation.In February 2010, the Minister of Interior signed bilateral agreements aimed at fighting trafficking and illegal immigration with Ghana and Niger. The Italian government offered Niger 11 four-wheel drive vehicles to patrol trafficking routes, portable metal detectors, and training in Italy for police officers. Reportedly, there were episodes in which drivers hired by smugglers abandoned their trucks in the desert and some immigrants died as a result of thirst and hunger. As the majority of trafficked victims in Italy are women and female children forced into prostitution, they face all the attendant risks of unsafe or unprotected sex. The majority of Nigerian women arrive willingly, often unaware of actual working conditions. Eastern Europeans frequently arrive in search of legitimate jobs but find themselves in debt and exploited by the co-nationals who loaned them money for the trip. Traffickers enforce compliance by seizing the victims' documents and subjecting them to imprisonment, beatings and rape. Increasingly, Eastern European sex workers are arriving and working voluntarily, especially those from Romania and Bulgaria. Nigerian minors are subject to psychological coercion using voodoo rituals, and police report that some Nigerian parents sell their children into slavery. The number of sex workers 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. In June 2009, Carabinieri officers arrested 30 people, mainly Nigerian, and investigated another 30 people in Italy, Nigeria and other European countries suspected of trafficking, slavery, and exploitation of prostitution. A transnational organization exploited young Nigerian women, who were victims of violence while their families were threatened in their home country. The organization included two Italian physicians who practiced illegal abortions. ¶25. E Victims from the Balkans and Eastern Europe are controlled by organized crime groups, frequently from Romania and Albania. Eastern European young girls are generally forced into prostitution by Albanian clans. 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. Increasing numbers of women from ROME 00000209 004.3 OF 006 Eastern Europe are involved in the recruitment and exploitation of women from their home countries. According to NGO and police sources, individual unaffiliated smugglers from Eastern Europe often traffic women one at a time, replacing some of the larger criminal organizations that were easier to target because of their size. Each trafficker usually has the support of one or two accomplices and exploits three or four victims. In December 2009, police arrested a Romanian accused of trafficking and exploitation of a Romanian girl in Terni. She had been offered a job as a waitress, and while in Italy was kept in captivity and forced into prostitution. Victims are more reluctant to report crimes and to accept assistance, based on Article 18 (see 26.A and 29.A) because the smuggler is more likely to be someone she knows from her country of origin. Italian analysts expect a decrease in sex workers coming from Eastern Europe as a result of improved economic conditions in Eastern Europe, especially countries now in the EU. Italian organized crime has been involved in smuggling and trafficking, especially for labor exploitation in southern Italy. On February 3, 2010, the Interior Ministry announced the arrest of 32 Italians and 35 Indians linked to organized crime, and charged them with crimes related to illegal immigration and smuggling in the province of Reggio Calabria. Among those arrested were some businessmen who filed fake labor contracts and requests for immigrant laborers. Foreigners paid 10,000 to 18,000 euros each to smugglers whose revenues amounted to 6 million euro (approximately $8.4 million). Police found definitive evidence demonstrating the links between organized crime and the smuggling of migrants. Routes and operations tend to follow established methods and organizations for moving illegal drugs, weapons and other contraband. Sex workers coming from southern China work primarily in apartments with Chinese clients, and in some instances in massage and beauty parlors frequented by Italians. Although their numbers are growing, the authorities do not consider the majority of these Chinese women to be victims. By contrast, Chinese sex workers coming from northern areas of their home country in most cases work on the streets and are more vulnerable to violence and other abuse, according to PARSEC. Incidence of trafficking is more common among Nigerians. Nigerian sex workers work individually or are controlled by a Nigerian madam, usually a formerly trafficked person, who holds the lien on the loan paid by three or four victims each. In fact, victims from Africa and the Middle East usually are controlled by small, freelance operators who generally smuggle individuals for a one-time fee. ¶26. A The government recognizes the problem and has devoted significant resources to combating trafficking in persons. In 2008 the Ministry of Equal Opportunity launched a study on trafficking for labor exploitation. ¶26. B In 1998, Italy established an inter-agency committee to coordinate the fight against trafficking. Government agencies involved include the Ministries of Interior, Equal Opportunity, Justice, Labor Social Affairs, Family, and Foreign Affairs, as well as an anti-Mafia prosecution unit. Regional and municipal governments are also actively engaged in efforts to combat trafficking, often with funding from the central government. ¶26. C Funding made available to help victims, about 10 million euro, by national, regional and local authorities is adequate, according to independent observers. ¶26. D Italy does not systematically evaluate the results of its anti-trafficking policy. Transcrime, an independent research center is implementing an appraisal system at both national and regional levels that will be regularly updated by the Ministry of Equal Opportunity. Various government agencies collect national data on TIP arrests and prosecution, victim assistance programs, number of illegal immigrants intercepted, issuance of temporary residence permits, and calls to a victim 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. ROME 00000209 005.3 OF 006 26.E Citizenship is derived from one's parents (jus sanguinis) and local authorities registered all births immediately. ¶26. F At the request of the US Embassy, the Ministry of Justice collects data on arrests, prosecutions, and convictions for trafficking related crimes. The lack of a national plan on trafficking in persons hinders an assessment of effort of different parties designed to improve the effectiveness of actions taken. ¶27. A The law that prohibits trafficking in persons--enacted in 2003--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 are increased by one-third to one-half (to 12-30 years). The law applies special anti-Mafia prison conditions to traffickers designed to limit criminals' ability to continue 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. ¶27. B See 27. A ¶27. C Labor trafficking is covered under the anti-trafficking law. ¶27. D The penalty for rape or forcible sexual assault is up to 12 years imprisonment. ¶27. E Italy's anti-TIP law does not require the government to maintain statistics on prosecution; however, the Ministry of Justice provides national data on investigations, arrests, prosecutions and convictions. Investigations and arrests: According to the Ministry of Justice, authorities investigated 2,738 persons for trafficking in 2008 and arrested 365; trial courts convicted 138 persons and appeals courts convicted 148. Prosecutors are often able to collect evidence and charge defendants with other crimes, such as participation in criminal association to exploit prostitution, abetting prostitution, illegal immigration, etc. The Ministry of Interior reported a 17 percent increase in the number of people accused of exploitation of prostitution between 2004 and 2006. ¶27. F The Ministries of Interior and Defense include specialized training on identification of victims and investigation of trafficking and exploitation in the regular curriculum for law enforcement agencies. In 2009, Italy continued a 2008 "train the trainers" program for magistrates, law enforcement agents and NGOs who work with victims of trafficking, funded by the European Union. The Ministry of Interior regularly updates a book for law enforcement officers on TIP laws and best practices for assisting victims. Since May 2008, the Italian Red Cross, IOM, UNHCR, and Save the Children have been involved in a project sponsored by the Ministry of the Interior, called Praesidium. Adopting a multiagency approach, these organizations provided training on the identification of trafficking victims to law enforcement, and assistance to migrants arriving by sea to the island of Lampedusa. In 2009, the partners of the project moved to other temporary centers for migrants in Rome, Puglia, and Sicily. ¶27. G The government cooperates with other governments in investigating and prosecuting trafficking cases. In 2009, the government implemented the agreement with Libyan authorities aimed at fighting illegal immigration, smuggling and trafficking, providing vessels, monitoring systems and expertise on border control. 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 the United Nations Interregional Crime and Justice Institute, though government officers are not always satisfied with the level of cooperation with their Nigerian counterparts. 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. ROME 00000209 006.3 OF 006 In April 2009, Carabinieri officers presented the results of "Operation Viola" conducted in cooperation with the Dutch police and Nigerian, Turkish, Bulgarian, and Colombian authorities. It resulted in 49 arrests and continuing investigations of 13 other individuals on charges of trafficking in drugs and human beings. The investigation, launched in 2007, revealed the existence of a well-structured organization based in Castel Volturno, a town in the Campania region, which smuggled hundreds of Nigerian women through Ghana, Sierra Leone, and Togo to Holland. Victims were obliged to request asylum and then to move to Italy, France, and Spain, where they were put under control of "mamans" and forced into prostitution. The criminals also traded in cocaine and heroin produced in Turkey and Colombia, and obliged the girls to act as drug traffickers and dealers. ¶27. H Italy has not been asked to extradite people 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 new legal basis for such extraditions. ¶27. I. There is no evidence to indicate government involvement in, or tolerance of, trafficking on a local or institutional level. However from time to time there are media reports on cases of exploitation of prostitution committed by government authorities. In December 2009, two prison guards were arrested and accused of exploitation of prostitutes. ¶27. J See 27. I ¶27. K There are no reports of involvement of troops and social workers in trafficking related cases. Soldiers deployed abroad receive human rights training including sessions on trafficking. ¶27. L The NGO ECPAT Italy reports that in recent years, sex tourists from Italy have made Thailand, Cambodia, Vietnam, the Czech Republic, northern Russia, and Brazil preferred destinations. Under current 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. The country has a code of conduct for tourist agencies to help combat sex tourism. In December 2009, the Ministry of Foreign Affairs, in cooperation with UNICEF and some NGOs, launched an information campaign called "I am not your toy. Respect me!" targeted mainly at Italian tourists and designed to prevent child prostitution in Malindi, Kenya. In November, 2008, the Undersecretary for Tourism launched a program to fight sex tourism including: certificates of Responsible Tourism issued to networks of travel agencies, tour operators and airports which reach out to clients to try to prevent crimes committed abroad, and a communication campaign to promote awareness among potential clients. In April 2009, police arrested four people on charges of child pornography and seized videos containing sadistic and violent sex games involving children age 4 to 5. Investigators believe that they were also guilty of sex tourism. Another 69 people who downloaded and exchanged the videos are under investigation. 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 also applies to Italian military and police participating in overseas operations. THORNE