In its latest report of 23 February 2024, the Council of Europe's Group of Experts on Action against Trafficking in Human Beings (GRETA) assessed Italy's implementation of the Council of Europe Convention on Action against Trafficking in Human Beings (the Convention). While acknowledging progress in the fight against trafficking, GRETA urged Italy to take further action against trafficking in human beings, in particular by strengthening measures to combat trafficking for labour exploitation.

The report indicates a rough but worrying estimate, which varies between 2,100 and 3,800 victims of trafficking in Italy every year. While the majority of victims are women, the number of transgender men and victims has increased, as has the number of victims of labor exploitation, although sexual exploitation remains predominant. However, GRETA notes that these figures do not reflect the true extent of the phenomenon of trafficking in human beings in Italy, due to the persistent limitations of existing procedures for the identification of victims, as well as a low number of self-reports by victims themselves who fear being detained or deported later. Trafficking for the purpose of labour exploitation, which remains underestimated, concerns the sectors of agriculture, textiles, domestic services, construction, hotels and catering.

Despite these criticisms, the report also notes a number of positive developments since GRETA's last report in 2019. These include the adoption of a new national action plan against trafficking, increased funding for victim support, and the development of standardised operational procedures for the identification of child victims of trafficking.

However, GRETA is concerned about a number of additional issues, such as: a decrease in the number of investigations, prosecutions and convictions for trafficking in human beings; the slowness of the compensation procedure awarded by the courts to victims who participate as civil parties in criminal proceedings, which can take several years before the final decision. The authorities explain the discrepancy between trafficked people potentially in need of help and those taken in charge, with the (lack of) will of individuals, where 47% of the identified subjects have decided not to make use of the support offered with assistance plans. All this compared to 15-20,000 victims of trafficking estimated by GRETA in our country.

With regard to the issues raised, the report calls on the authorities to ensure proactive and timely investigations leading to effective, proportionate and dissuasive sanctions and to swift compensation of victims in criminal proceedings; and finally to make the compensation system effectively accessible to victims of trafficking.

The report acknowledges Italy's efforts to improve the identification of victims of trafficking among asylum seekers, in particular by the Territorial Commissions for the Recognition of International Protection to individuals seeking asylum. However, GRETA is concerned that Italy's restrictive immigration measures foster a climate of criminalization of migrants, with the result that many potential victims of trafficking do not report their cases to the authorities for fear of detention and deportation. While acknowledging the challenges faced in the context of significant migrant arrivals in Italy, GRETA urges the authorities to put the National Referral Mechanism into practice and strengthen the proactive identification of victims of trafficking, including in reception facilities and migrant detention centres, and among Italian and EU citizens.

In addition, GRETA urges the Italian authorities to suspend the application of the Memorandum of Understanding between Italy and Libya, which results in an increasing number of migrants rescued or intercepted in the Mediterranean being returned to Libya, where they face the risk of serious human rights violations, including slavery, forced labour and sexual exploitation.

GRETA welcomes the increased funding made available for victim support and the availability of more places for victims of trafficking, including men and transgender persons. On the other hand, the report points out that the approach to victim assistance based on temporary projects has limitations and therefore a more sustainable way of sustainable financing should be ensured. GRETA also urges the authorities to ensure victims' access to healthcare, including reproductive rights. Furthermore, despite the report acknowledging efforts to improve the identification of victims of trafficking among asylum seekers, GRETA remains concerned that restrictive measures on immigration foster a climate of criminalization of migrants, with the result that many potential victims of trafficking do not report their cases for fear of possible detention and deportation.

As far as trafficking for the purpose of labour exploitation is concerned, despite the adoption of guidelines on the identification, protection and assistance to victims in the agricultural sector, the so-called phenomenon of “caporalato” (illegal hiring) continues to be deeply rooted. GRETA calls on the authorities to step up efforts to combat this type of exploitation, including by ensuring that sufficient resources are made available to labour inspectors to strengthen monitoring in risk sectors so that the living and working conditions of migrant workers meet legal requirements.

In addition, the report welcomes the measures taken to register unaccompanied foreign minors and appoint their guardians, as well as the adoption of standard operating procedures for the identification of child victims of trafficking and exploitation. However, GRETA believes that the Italian authorities should raise public awareness of the different manifestations of child trafficking and ensure that awareness-raising programmes on trafficking, including online safety, are put in place in schools.

Finally, the report urges the authorities to enshrine in law the recovery and cooling-off period provided for in Article 13 of the Convention and to ensure that it is systematically offered to all possible foreign victims of trafficking, regardless of their cooperation with the authorities.

In preparing this report, GRETA has used, inter alia, the replies to the third-cycle questionnaire from the Italian authorities (EN - IT) and the information received from civil society organisations. In addition, an evaluation visit to Italy was held from 13 to 17 February 2023 in order to meet with the Italian authorities and non-governmental organizations and to collect further information and examine the practical implementation of the measures adopted by the Italian authorities.

In addition to the meetings held in Rome, the GRETA delegation went to Turin and Foggia where it met with regional and local officials, prosecutors, law enforcement officers, labour inspectors, social security inspectors, members of territorial commissions for the recognition of the right to asylum and representatives of civil society. Separate meetings were also held with non-governmental organisations (NGOs), trade unions and lawyers representing victims of trafficking. The delegation also met with representatives of the International Organization for Migration (IOM) and the United Nations High Commissioner for Refugees (UNHCR). In addition, the delegation visited several reception centres and shelters for victims of human trafficking, run by NGOs in Rome and Turin, in order to meet victims of trafficking. In addition, GRETA went to the informal settlement of Borgo Mezzanone in the Apulian countryside, between the municipalities of Manfredonia and Foggia, where it was able to verify the living conditions of thousands of migrants, who work in particular in the agricultural sector.

The Council of Europe Convention on Action against Trafficking in Human Beings, in force since 1 February 2008, is an international treaty that provides States with a comprehensive framework for combating trafficking in human beings following a human rights-based approach and focusing on the protection of victims. The Convention has been ratified by all 46 member states of the Council of Europe, including Italy, as well as by two non-member states, Belarus and Israel.

The Convention also provides for a monitoring mechanism to assess the implementation of its provisions by states. The monitoring mechanism is based on two bodies: the Group of Independent Experts on Action against Trafficking in Human Beings (GRETA) and the Committee of the Parties, i.e. the States that have ratified the Convention. Over the years, GRETA has focused on different aspects of the fight against human trafficking, such as labour exploitation, international protection of asylum seekers, online trafficking and the risks related to the war in Ukraine.

Italy ratified the Council of Europe Convention on Action against Trafficking in Human Beings on 29 November 2010. Our country has so far been the subject of three rounds of evaluation by GRETA on the effective application of the Convention.

Italy will have to follow up on the observations of the GRETA Report (23 February 2024) and the recommendations of the Committee of the Parties (EN - FR 21 June 2024) by 21 June 2026.