CERD: Concluding Observations on the Twenty-First Periodic Report of Italy in 2023

Context

The CERD Committee assessed the twenty-first periodic report (CERD/C/ITA/21) submitted by Italy. The report was reviewed at the 2985th and 2986th meetings of the Committee which were held on 8 and 9 August 2023. It adopted the concluding observations on 23rd August 2023, which were published in September 2023. The assessment was based primarily on the official periodic report submitted by Italy and the information provided during and after the dialogue with Italy’s delegation. 

Positive Aspects: Key Strategies, Plans, Legislative and Policy Measures Undertaken 

The Committee, in the concluding observations, mentioned the regularity of reports submitted by Italy and highlighted the satisfactory progress in the legal and institutional framework for the protection of vulnerable minorities and combatting discrimination. It mentioned Law No. 47/2017 for the protection of unaccompanied foreign minors. Alongside child protection, Italy’s attempts to integrate internationally protected individuals through its National Integration Plan (2022-2024) was also mentioned. The efforts for further inclusion of the Roma, Sinti, and Caminanti communities through the dedicated National Strategy (2021-2030). Setting up a National Roma, Sinti and Camminanti Platform is considered an attempt to remedy the historical discrimination against these communities as they have been subjected to systemic marginalisation. The establishment of representatives’ Platforms and the Community Forum can be a crucial step towards their empowerment and inclusion. In addition, the National Action Plan for Business and Human Rights (2016-2021) appears to focus on pertinent issues like the problems of labour exploitation, forced labour, and human trafficking, especially among migrants and other irregular workers. The Committee praised Italy’s efforts to combat violence against women through the National Strategic Plan on Violence against Women (2021-2023), which takes into consideration the special needs and vulnerabilities of migrant women, pointing towards a more inclusive approach.

Primary Concerns and Issues Identified

Despite some positive aspects, the Committee highlighted a plethora of issues and concerns when it comes to minority rights and racial discrimination. A frequent issue that has been highlighted is the lack of updated and detailed statistical data on the racial and ethnic groups, which makes government policies ineffective to combat racism and inequality. The committee has expressed concern about the failure of the legal framework to include racial discrimination, especially based on colour, descent and all grounds of national or ethnic origin, as specified in Article 1 of the Convention on the Elimination of All Forms of Racial Discrimination. The absence of a clear and comprehensive definition of racial discrimination in domestic law leaves room for ambiguity and weakens legal protection for marginalised communities. There has been limited progress in the establishment of a national human rights institution which hampers the effective implementation of human rights standards and greatly undermines the objective of human rights protection. The main concern with the National Office against Racial Discrimination (UNAR) is the lack of independent decision-making as it is dependent on the executive; this severely hampers its ability to meaningfully investigate complaints of discrimination. 

An area of huge concern highlighted by the committee is the growing racial hate speech. Public figures like politicians and state officials have targeted ethnic minorities in their speeches, which has the potential to incite hate crimes. Deep concerns were also expressed over the exclusion and discrimination faced by the Roma, Sinti and Caminanti communities, who lack basic facilities like healthcare and adequate housing. According to the Committee, the inability to address these concerns effectively despite the National Strategy demonstrates an apparent lack of political will and negligence. Concerns have also been raised about the changes in Law No. 132/2018 and Law No. 50/2023, making it more difficult for asylum seekers to access protection procedures. There have also been cases of detention, worsened living conditions in the reception facilities, and collective expulsion. The Committee’s observations also point towards restrictions on humanitarian work like rescue operations at sea, which place the lives of migrants and asylum seekers at heightened risk. NGOs and human rights activists often face intimidation, which creates an unfavourable environment for civil societies to engage and carry on their efforts.  Migrants are mostly employed in the agricultural sector, where they face harsh conditions and are exploited and abused. The lack of adequate protection mechanisms and access to fair working conditions highlights a big gap in Italy’s labour protection system. 

The Committee voiced concerns about statelessness, which hinders access to healthcare, education and employment for stateless individuals who lack legal recognition and are susceptible to exploitation. The lack of sexual and reproductive healthcare facilities for migrant women undermines their rights and is a cause of concern. Instances of racist acts during sports events have also been underlined in the concluding observations. The Committee noted that players of African descent face verbal and physical abuse. The abusers often face no consequences, and this is a clear indicator of impunity when it comes to hate crimes. It has been noted that the educational curriculum in Italy lacks programmes about colonial legacy and slavery practices in the past, which reinforces stereotypes and fuels hate crimes and speeches. Another key issue highlighted by the committee is the lack of trust in the justice system when it comes to cases of racial discrimination, as there is a widespread practice of racial profiling by law enforcement bodies, and ill-treatment remains very high.  

The Way Forward: Recommendations

Several important recommendations have been laid down in the Concluding Observations. Some of the key recommendations in tandem with the issues and concerns identified earlier are: 

• Italy should include a proper definition of racial discrimination in its anti-discrimination legal framework, which can effectively address indirect, direct and intersecting forms of discrimination; 
• A national human rights institution should be established in accordance with the Paris Principles which can perform its tasks effectively; 
• Steps should be taken to ensure that the National Office against Racial Discrimination can work without interference and perform its mandate to fight against racial discrimination in an effective way. 

The Committee recalled its general recommendation No. 35 (2013) and urged Italy to adopt measures to prevent hate speech and crimes, including proper investigation of such incidents and punishing those guilty of inciting crimes through hate speech. Italy is recommended to develop a robust awareness-raising programme to combat racist discrimination and hate in sports. It also recalled general recommendation No. 27 (2000) and recommended Italy adopt meaningful measures to provide access to adequate housing and improve living conditions for Roma, Sinti and Caminanti communities. The Committee further urges Italy to provide assistance to migrants or asylum seekers in asylum procedures, prohibit refoulement, and provide them with adequate accommodation and legal services. 

With regard to the observations on the restrictions of humanitarian work, the Committee recommends that Italy removes all restrictions on humanitarian action and ensures that human rights defenders are not harassed. The Committee furthermore calls for implementing measures against labour exploitation and for strengthening the National Labour Inspectorate to ensure that migrants can go to the courts with assurance of not being at risk of deportation. Italy is urged to mitigate and prevent statelessness and provide adequate measures for the protection of vulnerable communities. 

It should also adopt regular identification and protection procedures for stateless persons, which may include adopting a legal framework for statelessness determination and developing a national plan to reduce statelessness. When it comes to the right to education, the committee recommends that the state should ensure that children from marginalised communities like African descent, migrant children and those from Roma and Sinti communities should have access to education without discrimination. In the area of health, the Committee recommends that the State party continue to ensure that ethnic minorities, along with migrants, be given adequate access to health services. It also calls for measures to ensure that women from those communities have access to sexual and reproductive health services, together with the correct information about such services. 

The Committee has recommended Italy to create a reporting mechanism for instances of racial discrimination, with consultations from the affected communities. Unhindered access to legal remedies and reparations for victims is crucial to promoting equality and preventing discrimination. Italy should also include explicit legal prohibitions against racial profiling and issue guidelines for authorities to avoid it. The Committee calls on Italy to include human rights education relating to racial discrimination, diversity, and the legacy of colonialism to remove stereotypes and prejudices.  Other recommendations include ratification of international human rights treaties like the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; the implementation of the Durban Declaration and Programme of Action in national policies. Italy is recommended to develop measures and implement them in line with the  International Decade for People of African Descent; conduct ongoing consultations with civil society organisations combating racial discrimination; reports should be made available to the public, including on the government's websites; the committee has asked Italy to provide follow-up information on key recommendations within one year. Finally, the committee has underlined that particular attention should be given to the issue of hate speech, discrimination directed toward persons descended from Africa, and racial profiling. The next periodic report needs to be submitted by 4 February 2027.