A/HRC/43/44/Add.5
and exploitation were unveiled.21 In Apulia and Sicily, the Special Rapporteur confronted the
reality of migrant women who face a poor quality of life influenced by exclusion and a
widespread culture of illegality. The Special Rapporteur was informed that, as a follow-up to
the arrests in 2017, police forces had been more active in intervening to cease similar
situations of abuse.
53.
In various places, some agricultural workers are not able to obtain adequate legal and
social protections, and are subject to physical, sexual and moral violence. 22 It is in this
environment that the practice of caporalato,23 or gangmastering, has found fertile grounds to
provide illegal intermediation between workers and farmers, which is based on the
exploitation of the vulnerability of migrant workers.24
54.
With Law No. 199/2016, Italy has enhanced efforts to prevent, and enforce action
against, cases of gangmastering. Its new article 601bis criminalizes both the intermediary and
anyone who exploits workers (often called “master” by the workers) and takes advantage of
their state of need, whether or not there has been illicit intermediation. Recent official figures
show an increasing efficiency of Law No. 199/2016. The competent ministries (labour, home
affairs and agriculture) coordinate their activities at political and operational levels and have
recently adopted a three-year action plan to prevent and combat reported cases. Ten priority
actions have been agreed upon to prevent and combat related crimes, and 85 million euros
has been allocated to implement the action plan.
55.
This law represents a step forward in fighting the practice; however, it is insufficient
to guarantee the human rights of all farm workers, in particular undocumented migrants who
work in the agricultural system and who are kept in a condition of invisibility and fear
because of the current system of migration law and the “law and order” attitude towards
migrant workers.
56.
The end of permits based on humanitarian grounds, as sanctioned by the Salvini
decree, the difficulty in obtaining a permit without a residence or a legal job, the fear of not
being able to renew a permit based on humanitarian grounds, the fear of self-incrimination,
the absence of any alternative, little awareness of the law, linguistic barriers, the overall
environment of the criminalization of migrants, the absence of strong support for integration
and the intense competition for the few available jobs are underlying root causes that cannot
be tackled with more criminalization alone.25
57.
In addition to government legislation fighting against the caporalato system, bottomup initiatives, such as “NOCAP” (“no caporalato”) and “In campo senza caporale” (“in the
field without caporale”), have to be widely supported. 26 The Special Rapporteur looks
forward to seeing the impact of the recently enacted Lazio Regional Law No. 18/2019 on the
fight against irregular labour and the exploitation of farm workers, and the establishment of
an observatory and a database for the recruitment of farm workers. The law sets out new
criteria for defining the appropriateness of payments and tasks.
21
22
23
24
25
26
Lorenzo Tondo and Annie Kelly, “Raped, beaten, exploited: the 21st-century slavery propping up
Sicilian farming”, Guardian, 12 March 2017.
Osservatorio Placido Rizzotto/FLAI CGIL, Agromafie e Caporalato. Quarto Rapporto (Rome,
Bibliotheka Edizioni, 2018); Oxfam International and Terra! Onlus, Human Suffering in Italy’s
Agricultural Value Chain (Oxford, Oxfam GB, 2018); and Terra! Onlus, “Spolpati: la crisi
dell’industria del pomodoro tra sfruttamento e insostenibilità – third campaign report” (2016).
Maged Srour, “‘Agromafia’ exploits hundreds of thousands of agricultural workers in Italy”, Inter
Press Service, 27 July 2018.
Alessandro Leogrande, Uomini e caporali (Feltrinelle Editore, 2016); Marco Omizzolo, Sotto
Padrone (Milan, Fondazione Giangiacomo Feltrinelli, 2019); and Leonardo Palmisano, Mafia
Caporale (Fandango Libri, 2017).
Amnesty International Italia, I Sommersi dell’Accoglienza (2019). Available at
https://immigrazione.it/docs/2020/amnesty-i-sommersi-dellaccoglienza.pdf.
See www.nocap.it and www.terraonlus.it/in-campo/.
9
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