Human Trafficking Around the World (27 page)

Flavio Di Giacomo, a spokesperson for the International Organization for Migration (IOM), told the
New York Times
that the riots reveal the conditions faced by migrant workers in Italy. “This event pulled the lid off something that we who work in the sector know well but no one talks about: That many Italian economic realities are based on the exploitation of low-cost foreign labor, living in subhuman conditions, without human rights” (Day, 2010). After the riot, the police began to bulldoze the shanty encampments where many of the workers lived. It is unclear whether the migrant workers left the encampments voluntarily or were forced to leave. The workers were then taken to detention centers. Roberto Maroni, then-minister of the interior, stated in a television interview that those with residence permits or those who requested political asylum were free to leave the immigration centers. All others were to be deported (Donadio, 2010). It is unknown whether the detained workers in this case were properly and systematically screened for human trafficking. What is known is that only eight migrants requested residence permits as trafficking victims. Many of the migrants in detention did possess temporary residence permits, but it is unknown if they were allowed to stay in the country. The Italian government reported granting some of the workers asylum and deported the rest (U.S. Department of State, 2010a).

In addition to Romanians, Nigerians, and most recently, Moroccans (these are the top three countries of origin for assisted victims in Italy), there has also been an increase in the number of Bulgarians trafficked to Italy. One case involves a Bulgarian family that was trafficked by Italian circus owner Enrico Raffaele Ingrassia; his son, William Ingrassia; and his son-in-law, Gaetano Belfiore. The family was forced to work between 15 and 20 hours per day for $133 a week and to live in a vehicle used to transport animals. Any attempts to escape resulted in physical punishment. The mother was forced to cook, the father was forced to perform manual labor, and the two daughters were forced to perform dangerous acts such as entering a tank full of piranhas and draping snakes around their bodies. One of the girls developed wounds from where snakes bit her or constricted too tightly around her abdomen, but she was never taken to the hospital by her captors. The traffickers were charged with holding the Bulgarian family in slavery and breaching international human rights conventions (Owen, 2008; Truscott, 2008).

On February 25, 2009, Carabinieri officers of the Italian armed forces arrested 11 Bulgarian Roma accused of trafficking minors from Bulgaria to countries in western Europe. Victims were forced to marry other Roma and to commit crimes such as shoplifting, burglary, and pickpocketing (U.S. Department of State, 2010b).

TRAFFICKING WITHIN ITALY, SEX TOURISM, AND TRAFFICKING ABROAD

Italian citizens made up 9 percent of the trafficking victims identified by law enforcement authorities in Italy between 2003 and 2007. This is likely to be an underrepresentation, as internal trafficking cases often go unreported or are classified under other offenses (UNODC, 2009a).

Italy is also home to a large number of sex tourists, persons who travel abroad to have sex with minors. The NGO ECPAT (End Child Prostitution Child Pornography and Trafficking of Children for Sexual Purposes) estimates that each year 80,000 Italian men travel to Brazil, the Czech Republic, Kenya, Latin America, and Thailand for sex (U.S. Department of State, 2010a). Italy’s anti–child sex tourism program permits domestic courts to try citizens and permanent residents who engage in sex tourism outside the country, even if the offense is not a crime in the country where the incident occurred. Nevertheless, the government has not reported prosecuting any such offenders (U.S. Department of State, 2010a, 2010b, 2011a, 2012a).

Italian nationals are also trafficked abroad. The United Nations Office on Drugs and Crime (UNODC) states that Italian nationals, along with Romanian nationals, account for a large part of the trafficking victim population in France (UNODC, 2009b).

WHAT HAPPENS TO VICTIMS AFTER TRAFFICKING

An operational system for the referral of identified victims has been established by the authorities and accredited NGOs that provides a wide range of assistance and support services within the Ministry for Equal Opportunity Social Assistance and Integration Program for trafficked persons (UNODC, 2009a). That said, because Italy does not have an established national referral process, the referral process for victims varies from region to region (U.S. Department of State, 2012a). In 2009 the Italian government along with local authorities earmarked $12.7 million for victim assistance programs. In collaboration with the IOM, the state helps reintegrate victims to their home in a responsible manner. In 2008 roughly 1,100 trafficking victims—including 100 men and 50 children—entered social protection programs (U.S. Department of State, 2010a).

Italy does not have a formal reflection period during which victims can recuperate and determine whether to assist law enforcement, but authorities do informally grant this period to victims and do not limit it to a fixed number of days. This, importantly, grants victims the critical element of time to best determine their next course of action. Under Article 18 of the immigration law, once a victim has been identified, he or she can pursue social or judicial procedure. Judicial procedure requires cooperation with law enforcement while social procedure only requires a statement submission by social services or an accredited NGO on behalf of the victim (UNODC, 2009a; U.S. Department of State, 2012a). Under both the social and judicial procedures, victims are granted a renewable temporary residence permit and may eventually obtain a residence permit for work or education. From 2003 through 2006 roughly 950 foreign victims obtained residency permits as compared with 664 in 2008 and 810 in 2009. The number decreased to 527 in 2010. In 2011, at 1,078, the number was higher but likely includes permits granted to victims of other types of exploitation (UNODC, 2009a; U.S. Department of State, 2010a, 2011a, 2012a). Adult victims receive a six-month residency permit, which can be renewed if the victim has obtained employment or is enrolled in a training program (U.S. Department of State, 2010a). National and local authorities provide minor trafficking victims automatic residency permits—valid until age 18—and access to education and other assistance programs (U.S. Department of State, 2010b).

The biggest challenge in granting victims proper treatment and services is the nation’s competing anti-trafficking and immigration agendas. While Italy has a victim-centered anti-trafficking approach, NGOs believe that there has been a recent decrease in proactive identification of trafficking victims by the government. The result may be an under-identification of victims and forced deportation without a thorough evaluation as to whether they are indeed trafficking victims. Illegal migrants commonly face fines and expedited deportation (U.S. Department of State, 2010a, 2011a). In addition to the issues surrounding the 2010 race riots, other state actions reveal this critical clash of national interests. Italy entered into an agreement with the government of Libya in 2008 that allows Italy to forcibly return and reroute boat migrants back to Libya. These persons are not given any screening to determine whether they are trafficking victims. Italy temporarily suspended the agreement in February 2011 and reentered it in December 2011 (U.S. Department of State, 2010a;
Tripoli Post
, 2011; Watkins, 2011). Further prioritizing its immigration stance over its anti-trafficking agenda, in November 2010 the Italian government approved a security package that includes the option of deporting prostitutes, even those who are European Union citizens, who work on the streets (European Parliament, 2010).

WHAT HAPPENS TO TRAFFICKERS

Human trafficking is prosecuted under Articles 600, 601, and 602 of the Penal Code. Article 600 forbids placing or holding a person in conditions of slavery or servitude; Article 601 prohibits trafficking in human beings; and Article 602 prohibits the sale and purchase of slaves (UNODC, 2009a). Those found guilty under any of the articles face between 8 and 20 years’ imprisonment; sentences are increased by 33 percent to 50 percent if the offenses are perpetrated against persons under the age of 18, or for the purposes of sexual exploitation, prostitution, or organ removal (Chamber of Deputies and Senate, 2003).

There has been a recent decrease in arrests and prosecutions for human trafficking. The local and national anti-Mafia bureaus conduct and coordinate trafficking investigations. There were 1,723 prosecutions initiated against traffickers between 2004 and 2007; 861 were prosecuted under Article 601, 594 under Article 600, and 268 under Article 602 (UNODC, 2009a). In 2008 only 365 human trafficking suspects were arrested. Trial courts convicted 138 offenders in 2008, 166 in 2009, and 174 in 2010. While prescribed sentences for human traffickers are sufficiently stringent, the sentences actually received by traffickers in 2008 were lower than the prescribed amount. On average, the traffickers received sentences of four years’ imprisonment (U.S. Department of State, 2010a, 2012a). There is a significant difference in the severity of sentencing given to those prosecuted under the trafficking law versus other offenses. For instance, the average sentence for those charged under the trafficking law is 6.5 years’ imprisonment, while those convicted under slavery and underage prostitution laws are given average sentences of 1.5 and 3.5 years’ imprisonment, respectively (U.S. Department of State, 2012a).

Romanians were the largest population of persons under prosecution in Italy for trafficking offenses between 2003 and 2007 (22.8 percent). The other significant groups of alleged traffickers were Italians (21.4 percent), Albanians (18.5 percent), and Nigerians (15.2 percent) (UNODC, 2009a). Experts report that traffickers in Italy have become more sophisticated, moving the sexual exploitation of their victims from the streets to less visible locales such as hotels, clubs, and discos. Traffickers also move victims from place to place in order to evade police detection. These practices have made it more challenging for authorities to identify not only potential victims but also their traffickers (U.S. Department of State, 2010a, 2010b).

INTERNAL EFFORTS TO DECREASE TRAFFICKING

Because of Italy’s emphasis on restricting immigration, there is a continuing marginalization of migrants. On July 2, 2009, Italy’s parliament approved a law that criminalizes illegal immigration, which is punishable by a fine and an immediate order to leave the country. The law also permits the creation of unarmed citizen patrol groups to help police keep order. There are also reports that police occasionally use excessive force against persons, particularly Roma and immigrants detained in connection with common criminal offenses or in the course of identity checks (U.S. Department of State, 2010b).

Italy’s expanded efforts to keep illegal immigrants from entry has also resulted in a controversial agreement with Libya in 2008 that allows Italian officers to patrol the Libyan coast. Under the Treaty of Friendship, Partnership and Cooperation between the Republic of Italy and the Grand Arab Libyan Popular Socialist Jamahiriya, all migrants departing the Libyan coast (not just Libyan nationals) may be turned back before reaching Italian soil. Thus far, at least 17,000 migrants bound for Italy from Libya have been prohibited entry. The UN Refugee Agency and the Council of Europe’s commissioner for human rights have criticized the policy and expressed concern that returned immigrants may have been eligible for asylum in Europe but instead were returned to a country that has not signed international conventions on protection of refugees. Human Rights Watch and Amnesty International criticized the government for its failure to screen foreigners and to identify refugees, unaccompanied minors, and victims of trafficking (U.S. Department of State, 2010b). Then-Italian prime minister Silvio Berlusconi stated he entered into the agreement “for less illegal immigrants and more oil” (Fruehauf, 2011). The returned and rerouted refugees are housed in several detention camps across Libya, camps that were built by the Italian government. Experts state that the conditions in the camps are vile and that migrants and asylum seekers face a variety of human rights violations, including arbitrary detention, unfair trial (if they have access to a trial at all), disappearance, torture, and death (Fruehauf, 2011). In September 2010 the Libyan coast guard, with the Italian Guardia die Finanza (the police force responsible for dealing with financial crime and smuggling) on board the patrol boat, fired at suspected boat migrants to prevent them from heading toward Italy. There were no casualties, and it turned out that the “migrants” were actually Italian fisherman. The Libyan government apologized for having mistakenly opened fire on the boat, and Roberto Maroni, the Italian interior minister at the time, proposed that the Libyans perhaps mistook the fishing boat for a boat with illegal migrants. According to Bill Frelick, the Refugee Program director at Human Rights Watch, “The Libyans and Italians appear to agree that it was a mistake to shoot at Italian fishermen, but imply that it’s OK to shoot at migrants. The bullet-riddled boat shows a reckless use of potentially lethal force that would have been just as bad if it had actually targeted nonthreatening migrants” (HRW, 2010).

Despite Italy’s protective laws, reports indicate continuing discrimination against women, Roma, and immigrants in Italy. This further marginalizes these populations and increases their vulnerability to a variety of exploitations, including human trafficking. Italy’s immigration and anti-trafficking agendas are in conflict. This has resulted in a focus on the illegal status of a person and not whether the individual is a victim of human trafficking. Consequently, persons are not properly screened and are returned to nations where they may face retribution or re-trafficking. Also, the sentencing of traffickers is not sufficiently stringent. While the laws are adequate in prohibiting human trafficking and enslavement, perpetrators commonly face sentences below the minimum prison requirement of eight years. Lastly, Italy is in dire need of a comprehensive strategy to address human trafficking. There should be an increase in communication among all trafficking-related organizations and agencies, including those focused on immigration. This would improve proper victim identification, case classification, investigations, and prosecutions of traffickers.