A/HRC/42/44/Add.1 implementing article 18 remain, as victims who report their exploitative employers to the authorities often do not receive adequate assistance, protection or access to justice. 102. According to a decree of 10 February 2017, exploited third-country nationals are entitled to the same remuneration as that provided for by collective agreements and an amount equal to any tax and social security contributions that the employer would have paid had the person been legally employed, including penalty payments for delays and relevant administrative fines once the employer is convicted. They are also entitled to social security contributions, including in the case of repatriation, and to be informed of their rights. 103. The “dignity decree”, adopted in July 2018 reintroduced the offence of fraudulent administration, imposing a criminal sanction when workers are supplied for the purpose of obtaining a gain to the detriment of those workers. There is a monetary fine of 20 euros a day for a worker who has been a victim of fraud. In this way, the Government has recovered 26 million euros which had not been paid in social security. Strengthening due diligence in the supply chain 104. Law No. 199/2016 on the caporali system amended the regulation concerning the Network of Quality Agricultural Work, stipulating a structuring of the network into territorial entities aimed at developing active labour market policies and promoting actions to address labour intermediation. However, only 2 per cent of eligible employers (around 3,600 farms) had joined the network at the time of the Special Rapporteur’s visit. 105. Farmers face immense pressure from international retailers to cut prices and reportedly have no choice but to resort to low-cost labour. This issue requires greater transparency, disclosure and due diligence in the global and European Union agricultural supply chains, as well as increased consumer awareness. 106. There continue to be limited transparency and accountability regarding the working conditions of those who harvest food in Italy and the Common Agricultural Policy of the European Union has largely disregarded the conditions of migrant workers. V. Conclusions 107. The Government of Italy is taking concrete steps to address the exploitation of migrants in the agricultural sector. The Special Rapporteur noted several positive developments, including the existing solid legal framework which criminalizes the caporalato and the elaboration of institutional and policy responses at the regional and national level. The Interministerial Committee for Human Rights plays a key role in this regard. In the national action plan for business and human rights, the Government recognizes the need to end the caporalato and all forms of illegal exploitation of migrant workers as part of the country’s commitment to the Sustainable Development Goals and particularly target 8.7. 108. The Special Rapporteur commends the Government for the progress made. She firmly believes that if existing laws and policies are implemented effectively, labour exploitation can be ended. Initial positive signs in that regard are already visible. At the same time, the Special Rapporteur remains concerned that labour exploitation in agriculture has been addressed in an insufficiently coordinated, adequate and effective way. The vulnerability of migrants to labour exploitation is also due to the ineffective management of migration, which has allowed for criminal intermediation in job placement in the agricultural sector. 109. At the local level, an emergency approach to labour exploitation continues to be applied while structural policies are needed that systematically address recruitment, housing, transportation and decent working conditions. The current situation is not sustainable, nor does it contribute to the fulfilment by Italy of the Sustainable Development Goals. 16

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