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.
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