A/HRC/42/44/Add.1
engagement and on the unionization of workers in recent years, wages have slightly
increased and workers have become more aware of their rights and redress mechanisms.
88.
Trade unions, such as the General Confederation of Labour, the Italian
Confederation of Labour, the Italian Union of Labour, the Agronomic Federation and the
Unione Sindicale di Base, play a pivotal role in preventing and addressing the exploitation
of migrants in agriculture. The legal assistance and other support which the trade unions
provide is essential, as they often constitute the only service providers for migrant workers
in need. The trade unions negotiate labour conditions through collective bargaining
agreements and participate in the national debate on how to end the exploitation of
agricultural workers.25
89.
The Network of Quality Agricultural Work creates incentives for business
compliance with quality standards and lawfulness. To date, however, the network remains
small owing to various structural factors. In early 2019, the National Labour Inspectorate
issued guidance on how to identify victims of labour exploitation, which is a positive step.
90.
Other alternative production models are based on sustainable, environmentally
friendly agriculture and on small-scale, local production. Such models do not depend on a
low-cost labour force, leading to exploitation, and some are based on a lower-scale
decentralized distribution system rather than on the large-scale retail trade. Such initiatives
are also essential for preventing social tensions between local Italian communities and
migrant workers and therefore deserve to be recognized by the national, provincial and
municipal governmental authorities, in order to be strengthened and receive the support
they need.
Continuing challenges to eradicating labour exploitation in agriculture
91.
With the law against the caporalato, the Government has an innovative tool to
address the gangmaster system and to restore the dignity of agricultural workers, including
migrants. In practice, however, the new legislation has not proven to be effective, as the
caporalato continues to be widely used and severe irregularities persist, not only in the
hiring system but also with regard to labour conditions, payment of wages and other basic
elements.
92.
The high degree of geographical mobility of migrants across Italy allows labour
demand and supply to be matched in the absence of public employment centres, but at a
high human cost. This suggests that the Italian economy would benefit from more
predictable and efficient legal channels for labour migration.
93.
Existing protection schemes for victims of trafficking and exploitation are rarely
used, owing to the vulnerability of victims and their fear of reporting what has happened to
them. This leads to a vicious cycle, as investigations are most effective and lead to
prosecutions if victims and their testimonies can be accessed. Hence, there is an urgent
need to address the reluctance of victims to cooperate with the judiciary and to reduce their
fear of imprisonment or deportation.
94.
Other reasons for the ineffective response to the caporalato are the limited
incentives for conducting costly, complex and often dangerous transnational investigations.
There is also a certain social acceptance of labour exploitation or even forced labour that
may be based on racial discrimination. According to multiple interlocutors, such sentiments
are fuelled by the public discourse of the Government under the Minister of the Interior,
Matteo Salvini.
95.
For the effective prevention of labour exploitation of migrants, its root causes must
be addressed. Migration laws and policies which lack a human rights-based approach lead
to limited access to regular employment and to social exclusion, owing to limited
integration measures. Many processes, such as the renewal of stay permits, are overly
bureaucratic and slow, which increases the marginalization and precariousness of migrants
while they wait for an outcome.
25
14
See Joint Ethical Trading Initiatives, “Due diligence in agricultural supply chains”.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents