The Committee on the Elimination of Racial Discrimination today concluded its consideration of the twenty-first periodic report of Italy, with Committee Experts commending the State on reception centres for unaccompanied minors, while asking questions about racism in sport and hate crimes against the Roma, Sinti and Camminanti communities.
A Committee Expert said it was positive to note that reception centres existed for unaccompanied minors.
Another Committee Expert addressed the issue of racism in sport in Italy. There were recurring events in stadiums where bananas were thrown, and Nazi salutes were made. Was the Government planning to legislate when it came to discriminatory racism in places of sport, especially football? Régine Esseneme, Committee Expert and Country Rapporteur for Italy, said the Sports Justice Code stipulated that any discriminatory behaviour needed to be punished when it was recognised as an offense, including an insult based on race. What was the procedure to initiate proceedings? Could the State party provide examples of the implementation of the laws relating to discrimination in football?
Mehrdad Payandeh, Committee Expert and Co-Rapporteur for Italy, said several reports before the Committee highlighted a rise and subsequent normalisation of hate speech, particularly on the part of politicians, and hate crimes directed towards Roma, Sinti and Camminanti communities. Could the State party explain specific measures taken to prevent hate crimes of this magnitude against Roma, Sinti and Camminanti? What measures had the State party taken to ensure that hate crimes were reported and investigated?
The delegation said the Observatory for Security against Discriminatory Acts worked with the Observatory of Sporting Events to specifically prevent racial discrimination in sporting events. In June 2023, several Ministries and the ³Ô¹ÏÍøÕ¾ Football League signed a declaration of intent to combat anti-Semitism in sport. On the regrettable hate incident against Lukaku the footballer, the defendants had been charged with racial hatred and were subsequently prohibited from attending sporting events.
The delegation said Italy was committed to structurally tackle the persistent anti-Roma feeling in the country and was undertaking various activities in this regard. On the second of August each year, a commemoration day was held to remember the tragedy suffered by the Roma population in the camps of Auschwitz. Italy worked together with local authority representatives and conducted visits to Spain, in Madrid, to consider how resettlement schemes had been conducted in Spain, as these had been especially successful. Research activities, awareness raising and education were also conducted to ensure that the Roma, Sinti and Camminanti communities themselves were more aware of their own history.
Introducing the report, Fabrizo Petri, President of Italy’s Inter-Ministerial Committee for Human Rights and head of delegation, said the principle of non-discrimination and the promotion of equality among all members of communities in Italy was at the core of the constitutional system and was progressively implemented through relevant legislative reforms to combat traditional and new forms of social behaviours that fuelled hatred attitudes and conducts among human beings. Italy was currently engaged in elaborating and adopting the national plan against racism, xenophobia and intolerance, which aimed to support national policies on the prevention and fight against racism and xenophobia through contributing to a multi-ethnic, multi-cultural, multi-religious, open, democratic and participatory society. Italy was working for the better implementation of the national strategy dedicated to Roma, Sinti and Camminanti communities.
In closing remarks, Ms. Esseneme thanked the delegation of Italy for the responses provided to some of the questions asked by the Committee. She encouraged the State party to step up its efforts to combat Afro-phobia and anti-gypsy sentiment which was prevalent in Italy and undermined the State party’s efforts.
Mr. Petri said he was impressed by the depth in which the Committee went through the report. The delegation had done its best to answer the questions and would provide additional responses in 48 hours. A conference had recently been held in Rome on migration, which was one of the many activities undertaken by the Government, which hoped to bring about some change.
The delegation of Italy consisted of representatives of the Ministry of Foreign Affairs and International Cooperation; the Ministry of Justice; the Ministry of the Interior; the Ministry of Labour; the Presidency of the Council of Ministers; the ³Ô¹ÏÍøÕ¾ Anti-Discrimination Office; the Observatory for Security against Acts of Discrimination; the ³Ô¹ÏÍøÕ¾ Institute of Statistics; and the Permanent Mission of Italy to the United Nations Office at Geneva.
The Committee will issue its concluding observations on the report of Italy after the conclusion of its one hundred and tenth session on 31 August. Summaries of the public meetings of the Committee can be found , while webcasts of the public meetings can be found . The programme of work of the Committee’s one hundred and tenth session and other documents related to the session can be found .
The Committee will next meet in public on Wednesday, 9 August at 3 p.m. to begin its review of the combined ninth to fourteenth periodic report of Croatia .
Report
The Committee has before it the twenty-first periodic report of Italy
Presentation of Report
FABRIZO PETRI, President of Italy’s Inter-Ministerial Committee for Human Rights and head of delegation, said he was also the Special Envoy for lesbian, gay, bisexual, queer, transgender, intersex, plus persons in Italy. The principle of non-discrimination and the promotion of equality among all members of communities in Italy was at the core of the constitutional system and was progressively implemented through relevant legislative reforms to combat traditional and new forms of social behaviours that fuelled hatred attitudes and conducts among human beings. This regularly occurred now on social media and digital platforms where hate speech was widespread, concerning especially young generations and targeting specific categories of people due to their race, colour, descent, national or ethnic origin.
Italian legislation fully implemented the Convention and progressively criminalised discriminatory conducts by introducing aggravating circumstance, specifically for hate crimes. Italy had two excellent bodies in the governance system: the ³Ô¹ÏÍøÕ¾ Anti-Racial Discrimination Office and the Observatory for Security against Discriminatory Acts at the Ministry of the Interior. Each of these had a proper mandate and they worked together for the prevention of discrimination.
Italy was currently engaged in elaborating and adopting the national plan against racism, xenophobia and intolerance, which aimed to support national policies on the prevention and fight against racism and xenophobia through contributing to a multi-ethnic, multi-cultural, multi-religious, open, democratic and participatory society. The national plan aimed to be a dynamic and coordinated response of the institutions and civil society to the various manifestations of the racist phenomenon in the country.
Italy was working for the better implementation of the national strategy dedicated to Roma, Sinti and Camminanti communities, and the country’s approach on migration issues aimed to guarantee immediate assistance in emergency situations, and to ensure inclusive management for the social, cultural and labour integration of foreigners in the country. Mr. Petri thanked the Committee, stating that Italy stood ready to receive observations and comments from the Rapporteur about the implementation of the Convention on the Elimination of All Forms of Racial Discrimination in Italy.
Questions by Committee Experts
RÉGINE ESSENEME, Committee Expert and Country Rapporteur for Italy, commended Italy for submitting its report on the date set by the Committee, although it was regrettable that there was no explanatory note on the exhaustive list of all the acronyms contained in the text, which made it difficult to understand certain information. Unfortunately, the examination of the report scheduled for April 2020 had to be postponed due to the COVID-19 pandemic. Therefore, the non-exhaustive list of issues sent to the State Party might no longer be relevant. The Committee therefore expected the delegation to provide relevant and up-to-date information during the dialogue.
Ms. Esseneme asked which five administrative regions of the 20 in the country had a special status, and what did this consist of? The Inter-Ministerial Committee for Human Rights was the national mechanism tasked with coordinating the preparation of reports to be submitted to treaty bodies. How did this mechanism collaborate with non-governmental organizations and civil society? What civil society organizations had been involved in the implementation of the latest concluding observations of the Committee on the Elimination of Racial Discrimination? What was the status of the proceedings of the case against Mario Borgheio, a former member of Parliament who made racist remarks against the Roma community?
What measures had been adopted to prevent and combat racial hate speech? What measures had been taken to ensure that the Convention was effectively implemented so that politicians, public authorities, and institutions distanced themselves from hate speech and did not encourage racial discrimination? The ³Ô¹ÏÍøÕ¾ Office against Racial Discrimination had an internet media observatory to combat online hate speech, with the latest information in the report showing 434 cases in 2018. How many cases of hate speech and hate crimes had been detected since 2018? Could the device identify perpetrators of hate speech? How many police officers had been trained on the detection of hate crimes, and what were the training modules?
The ³Ô¹ÏÍøÕ¾ Office against Racial Discrimination collected data on acts of discrimination, recording more than 70 per cent of reported cases of discrimination based on race and ethnicity. Since the ³Ô¹ÏÍøÕ¾ Office against Racial Discrimination could not take legal action, what was the follow up to cases of racial discrimination it reported on? Could the State cite cases in which the ³Ô¹ÏÍøÕ¾ Office against Racial Discrimination had followed the prosecution of perpetrators of racial discrimination from the beginning of the trial to the execution of judgement?
Ms. Esseneme said it was positive to note that reception centres existed for unaccompanied minors. Romanians were the largest immigration population in Italy, but there had been an increase in the immigration of young Africans, mostly from Nigeria. Could the delegation provide updated statistics disaggregated by national origins of migrants? Did the State plan to ratify the Convention on the Protection of Migrant Workers and Members of their Families? What measures had been taken to treat migrants with dignity, regarding their reception, accommodation, conditions, nutrition and healthcare?
In March 2023, the European Court of Human Rights condemned Italy for the degrading treatment of four Tunisian migrants and ordered it to pay 8,500 euros to each migrant. What was the current situation of these migrants and what concrete measures had been taken by the State party to ensure respect for the principle of non-refoulment? How many migrants had been affected by the law which abolished residence permits issued on humanitarian grounds? What happened to these people who reportedly had become undocumented and expelled to countries they did not know after living in Italy legally for several years? What measures had been taken by the State party to guarantee asylum seekers a residence permit during their application for international protection?
MEHRDAD PAYANDEH, Committee Expert and Co-Rapporteur for Italy, said the statistics provided were limited and only partially reflected the categories requested by the Committee. Why had the State party refrained from providing data requested by the Committee? How would the State party aim to fulfil its obligations under the Convention without this data? The previous concluding observations highlighted that all teachers working in educational institutions should receive adequate training on the principles of equality and non-discrimination and on ways to deal with racial discrimination in schools, and that the school curriculum include the history of the State party’s colonial past. How were human rights and issues of racial discrimination and equality dealt with in the education system? Could Italy explain how it intended to reflect its colonial past in current school plans? Could the State party provide an update on the scope of projects, including the national platform on Roma, Sinti and Camminanti communities, aimed at promoting understanding for Roma culture as well as awareness of the history of these groups?
GUN KUT, Committee Expert and Follow-up Rapporteur, said the last concluding observations dated to 2017. Italy had duly submitted the report for follow-up and should be commended for its timeliness. In the follow-up letter, Italy was asked to prosecute all acts of racist hate crimes. The Committee was concerned about the lack of statistics on racist hate speech. Italy was also asked to decriminalise irregular re-entry and observe the principle of non-refoulment; there had not been a clear description of the situation as it stood now. The last issue raised was on Roma, Sinti and Camminanti communities. Two issues were raised for an interim report for follow-up, including any plans to carry out further evictions of members of these communities or to establish segregated camps or housing.
RÉGINE ESSENEME, Committee Expert and Country Rapporteur for Italy, said the Committee would like to receive more information on the adoption and implementation of the Cutro Decree. How did Italy intend to effectively identify migrants with special needs for appropriate assistance since the new immigration law abolished social services? How did the State party intend to ensure that organizations and individuals involved in rescue operations were not prosecuted for their humanitarian work? Was there an employment policy which allowed non-European Union residents to benefit from training and allow them to take better positions in the labour market? What progress had been made regarding victims of trafficking since the 2016 launch of the national action plan on business and human rights?
What measures had been taken to reduce the high rate of school dropout, including at the primary level? According to information, there were 3,000 stateless persons living in Italy; what measures were being taken to facilitate the naturalisation of stateless persons? What were the categories of persons who could be deprived of their nationality? What were the populations which spoke minority languages? What was the geographical location of each minority group on the Italian territory? What was the general objective of the summit held on the diaspora? Were statistics available on the number of people of African descent who had attained Italian citizenship, and their participation in the management of public affairs in Italy? Was the State party aware of discrimination faced by people of African descent? Were there plans to remedy this? What specific measures had been taken to prevent hate crimes against persons of African descent? What activities had the State party undertaken in the framework of the International Decade of People of African Descent, which would come to an end in 2024?
A Committee Expert addressed the issue of racism in sport in Italy. There were recurring events in stadiums where bananas were thrown, and Nazi salutes were made. Was the Government planning to legislate when it came to discriminatory racism in places of sport, especially football? Had Italy adopted a national plan on statelessness? Italy should be congratulated for having ratified one of the conventions on statelessness; could it ratify the second one?
Another Committee Expert asked about the health and social services available for migrants arriving to Italy, to help them cope with their trauma? Seventy-one per cent of gynaecologists did not perform abortions in Italy for reasons of religion or moral belief; what steps were taken to provide abortion services in Italy, particularly for migrants and minority groups?
One Committee Expert asked what legal elements prevented Italy from providing ethnic statistics?
A Committee Expert asked what was the current response of Italy towards the issue of immigration?
Another Committee Expert said African migrants who travelled to Europe, particularly Italy, faced many issues, including racism. However, not much was known about when Italy was a colonial power. Why was there a difference in treatment between a European migrant and an African migrant, both coming for economic reasons? Had Italy apologised for everything that happened during the colonial period? Was Italy in a position to apologise to the African people?
One Committee Expert asked about politicians who had been prosecuted and acquitted of charges of hate speech.
A Committee Expert said there was a lot of criminalisation of migrants in the country and also those who defended them. What did the State party have to say on this topic? The migration policies in Italy were becoming increasingly deadly. Was Italy aware of offences which took place at the border?
Responses by the Delegation
The delegation said Italy had criminalised all acts which article 4 of the Convention required to be punished. Those who disseminated ideas based on racial hatred, including participants and the organizations, were punished. Italy had a further element applicable to any crime, specifically when the crime was perpetrated with the aim to discriminate. Italy had put in place monetary sanctions in conjunction with jail sentences, as the severity of the crimes could differ. Mario Borgheio, a former member of Parliament, had originally been sentenced due to defamation and this had been reconsidered as racial hatred. The case load had become increasingly rigorous because the individual perpetrating the crime was a public figure. The Italian law provided for additional sanctions, including that it was not possible to participate in electoral competitions for three years. This highlighted the dangers of hate speech regarding public figures and public life.
Since 2016, the ³Ô¹ÏÍøÕ¾ Office against Racial Discrimination had started monitoring hate speech when it came to online acts. Two projects existed for online hate speech, the “Quatro Programme,” and “Reason”, which had strengthened Italy’s capacity and response. Italy had a memorandum of understanding with the first league and national league association to combat hate speech elements in the football world and in sports in general, through information and communication campaigns.
The delegation said the Observatory for Security against Discriminatory Acts was created in 2010 with the aim of combatting and preventing hate speech, and was comprised of State police and officials. This entity could not prosecute cases. There were 75 neutral locations where vulnerable victims could be received. The Postal Police had implemented initiatives nation-wide to prevent hate speech crimes and identity perpetrators. The Postal Police had been very active in monitoring online platforms to identify crimes and communicate with the competent authorities.
Guidelines had been published for people who were vulnerable and entering the Italian system to ensure that these people were properly welcomed onto Italian territory. Specific provisions existed to protect categories of asylum seekers within the reception system who had limited ability to enjoy their rights. This vulnerable category of asylum seekers had special needs. The principle of non-refoulment and the ways cases were handled were fundamental principles enshrined in the legal system. Article 5.6 showed the Italian Government respected international obligations. This had not been modified or amended by the Cutro Decree. The territorial commissions assessed every case on an individual basis, taking into account the personal circumstances of the asylum seeker to assess the risk of persecution.
In Italy, the national labour inspectorate focused on forced labour and exploitation concerning migrants in the workplace. The national labour inspectorate believed that a specific, multi-agency model was to be pursued. This was a complex phenomenon. In 2020, Italy launched a nation-wide plan to combat exploitation in the agricultural sector. Several programmes were carried out to make the labour inspectorates more efficient in order to protect migrant workers. A taskforce was created which comprised of local inspectorates and inspectors coming from other areas. The goal was to establish trust between vulnerable individuals and the labour inspectors tasked with their protection. Training courses were held by professionals and the labour inspectorates, organised with the International Organization on Migration. Training was fundamental to avoid the risk of second-degree victimisation. A situation could be made worse if the authorities did not intervene in a timely fashion. There were six labour inspectorates in several regions of Italy.
The recognition of statelessness in the Italian system could be done either through an administrative or a legal procedure. Individuals could directly refer to the courts in order to be recognised as stateless. Italy had been made significant progress on statelessness, recognised by the United Nations High Commissioner for Refugees and the Council of Europe. It was a complex issue because Italy also had de-facto statelessness. Italy hoped to create a questionnaire to ask for public perceptions of statelessness.
The number of persons of African descent were on the rise, comprising 20 per cent of the total foreign population. It was an important phenomenon and had been a focus of the Italian authorities. There was a registry of the 450 non-governmental organizations within the framework of the “Week Against Racism”. The Government had a constant dialogue with these associations and had special measures to combat Afro-phobia. In 2022, the Government carried out the first investigations into Afro-phobia. This initiative was undertaken by various organizations and media representatives; many ideas had emerged on how to do a better job.
Italy had seen an increase in numbers of asylum seekers and requests for international protection. There was a younger population from foreign countries, predominantly male. In 2021-2022, more than 51,000 work permits were issued, which was a veritable record since 2015. Eight out of 10 foreigners had foreign school certification, but only three per cent were recognised by the Italian State. The second type of permit requested was linked to family reunions. It was important to analyse the most popular languages used to create this bond. Foreign citizens especially from the east tended to avoid Italian as a work language.
Questions by Committee Experts
RÉGINE ESSENEME, Committee Expert and Country Rapporteur for Italy, said racial discrimination was a crime; was it a criminal procedure or a civil procedure in Italy? The delegation had sought to show that the Cutro Decree did not alter existing legislation. Could the delegation highlight the implementation of this decree? A high percentage of individuals from countries such as the Philippines had a work permit. What justified the distinction of who received a work permit and who did not?
MEHRDAD PAYANDEH, Committee Expert and Co-Rapporteur for Italy, said the use of hate speech by politicians and the Government was particularly worrying. How was Italy addressing this issue? There should not be privacy concerns around statistics.
A Committee Expert said the statistics not provided were focused on population groups migrating into the country. Could the delegation be clear about the number of people of African descent who were citizens or permanent residents?
Another Committee Expert asked about racism in football; there was a protocol between the Government and the premier league, but sometimes sanctions were merely symbolic. There needed to be true legislation to protect the victims of racism in sport. Would the delegation consider this?
Responses by the Delegation
The delegation said Italy had civil judges in the penal system. There could be a civil trial or a penal trial to remove the negative consequences of certain types of discriminatory acts; the two legal procedures could proceed simultaneously. The judge had specific powers, so the burden of proof was clearly placed to help the claimants in arguing their cases. The judge had a duty to support the claimant in that respect and could suspend any executive measure in terms of administrative procedures. Free legal aid was granted to all claimants when international protection had been denied.
Over time, Filipino nationals had been employed on a more consistent basis. This came from a different data source. Regarding socio-economic indicators, there was a new European regulation in place, meaning Italy had needed to review the system. Official statistics on poverty would be published in December. The privacy law ensured restrictions regarding the release of micro-data. Italy could provide statistics regarding civilians of African descent. Statistics on the perception of victims of discrimination would soon be released.
Questions by Committee Experts
RÉGINE ESSENEME, Committee Expert and Country Rapporteur for Italy, asked if there was a national law on discrimination which would take up the definition of racial discrimination in step with the Convention? Had the law on the national human rights institution been voted on? If so, could the delegation provide an overview of this institution and its links to the Convention? What was the political power of the ³Ô¹ÏÍøÕ¾ Office against Racial Discrimination? What was its budget? What was the procedure for a victim of racial discrimination who turned to the Office for help?
Ms. Esseneme said the Committee had received worrying information about several cases where the police and authorities had used excessive use of force and committed abuse against people of African descent, Roma, Sinti and Camminanti. What measures had been taken to prevent this? What were the number of cases of excessive use of force against ethnic minorities, the number of investigations, and the number of convictions? Would the State party adopt a law to prohibit racial profiling by authorities? What measures were taken to ensure victims of racial profiling had access to remedies and repatriation? What steps had been taken to ensure artificial intelligence systems upheld the principles of human rights?
The Sports Justice Code stipulated that any discriminatory behaviour needed to be punished when it was recognised as an offense, including an insult based on race. What was the institution which needed to assess and attest to the fact that that conduct was an offence? What was the procedure to initiate proceedings? Could the State party provide examples of implementation of the laws relating to discrimination in football?
MEHRDAD PAYANDEH, Committee Expert and Co-Rapporteur for Italy, asked how the State party aimed to ensure full representation of Roma, Sinti and Camminanti? What were the monitoring activities of the ³Ô¹ÏÍøÕ¾ Office against Racial Discrimination? Were the affected Roma, Sinti and Camminanti communities involved in the evaluation process? Could the State party provide information on this new strategy which was being developed? What specific measures had Italy taken to ensure that Roma, Sinti, Camminanti and other ethnic minorities were not targeted by way of racial profiling? How was it ensured that Roma, Sinti and Camminanti were not subjected to heightened racial profiling by means of facial recognition software?
Several reports before the Committee highlighted a rise and subsequent normalisation of hate speech, particularly on the part of politicians, and hate crimes directed towards Roma, Sinti and Camminanti. The accounts of hate crimes were disturbing in that indiscriminate violence ranging from physical altercations to arson appeared to be perpetrated against Roma, Sinti and Camminanti men, women and children on a regular basis. Could the State party explain specific measures taken to prevent hate crimes of this magnitude against Roma, Sinti and Camminanti? What measures had Italy taken to ensure that hate crimes were reported and investigated? Could the State party explain how it hoped to counter hate speech against these minority groups, in particular as perpetrated by politicians? What was being done to facilitate the access of Roma, Sinti and Camminanti to effective remedies in cases of discrimination?
Mr. Payandeh asked the delegation to explain what specific measures were taken to combat the high level of statelessness among Roma, Sinti and Camminanti and to recognise the status of statelessness? What were the legislative changes regarding residence permits for humanitarian reasons and how would these changes affect Roma in particular? Reports received by the Committee listed numerous cases of evictions which indicated that mass evictions of Roma, Sinti and Camminanti were still a systematic practice in Italy. How did the State party ensure that evictions complied with international human rights standards and were not applied in a discriminatory manner?
Could Italy provide a full account on how it planned to end the system of segregated camps for Roma, Sinti and Camminanti? How could the State party ensure that the closure of segregated camps did not lead to hardship of the effected communities? How was inclusion of Roma, Sinti and Camminanti ensured in the context of housing? What measures had been taken to improve the situation of Roma, Sinti and Camminanti in the context of education? Had the effects of these measures been analysed and had the strategies been evaluated?
Mr. Payandeh said the report described the “³Ô¹ÏÍøÕ¾ Project for the inclusion and integration of Roma, Sinti and Camminanti children”. It was noted that “over a three-year period, 90 per cent of Roma, Sinti and Camminanti students had taken all the mandatory vaccines and that 80 per cent regularly saw their general practitioners”. Given these promising results, could the State party explain if this ³Ô¹ÏÍøÕ¾ Project would be extended or possibly implemented on an indefinite basis? Had the State party drawn any other conclusions from this project? How did Italy intend to ensure non-discriminatory access of Roma, Sinti and Camminanti to the labour market?
A Committee Expert asked to what extent Italy had been involved in the trans-Atlantic slave trade? Was this history included in school textbooks? Did the State party intend to provide any reparation in this regard?
Another Expert asked for updated data on the number of homeless people? What measures had been put in place to assist homeless Roma, Siniti and Camminanti people?
A Committee Expert asked about cases of racial discrimination against football players, for example throwing bananas at a player. Was this kind of action punishable under Italian law?
Another Expert asked what Italy had planned for the future? Not just in Europe, but in regards to developing countries? What were Italy’s plans regarding the environment?
A Committee Expert asked if there had been demand within the State party, by the African community, for awareness raising activities in schools and society, around the International Decade for People for African Descent?
Responses by the Delegation
The delegation said that politicians had expressed opinions against Roma, Sinti and Camminanti which judges believed were tantamount to racial hatred. There was an awareness on the part of the courts on this issue, precisely due to the public role these people held. The state of emergency declared in April 2023 did not curtail fundamental rights. It was solely adopted to address overcrowding, which was due to the influx of migrants in recent months. Civil defence orders were issued which related to rescue and assistance activities for the targeted population.
The ³Ô¹ÏÍøÕ¾ Institute of Statistics had not gathered specific statistics related to race since fascist times. In 2022, the African population was 1.35 million which accounted for 22 per cent of all foreigners. There were around 700,000 men compared to around 400,000 women, with the majority hailing from North Africa. In 2021, there had been an influx of people coming from Africa seeking protection, particularly from Egypt, Mali and Côte d’Ivoire.
Italian judges handed down sentences in line with the provisions outlined in the Convention. Racism and disabilities had been added to existing legislation as grounds for discrimination. Italian judicial authorities were becoming increasingly aware of the crime of racial hatred. A body provided for ongoing training of Italian judges and magistrates, and at least two courses on hate crime were organised each year. Around 160 judges and magistrates had been trained in this way, and the courses were recorded so those who could not attend in person could still have access to the training.
The delegation said there were legislative decrees which outlined special provisions relating to discrimination. Since February 2022, the mandate of the ³Ô¹ÏÍøÕ¾ Office against Racial Discrimination had increased to ensure that it was the quality body in Italy and dealt with the discrimination of European Union citizens, in terms of free movement and other issues. The Office had a fixed budget and two million euros a year were available. The funding was not subject to any political interference. The director was not appointed by the Government or any political authority, and could not be removed during his or her three-year period in office.
A draft bill had been presented in November 2022 which aimed to strengthen the authority guarantor for the protection of personal data, in line with the Paris Principles. For the first time, it was given a drafting session in the Senate. The Committee discussing the draft bill had the power to adopt it and the General Assembly only had to vote yes or no. This was an interesting development which had never occurred before. A national plan on women, peace and security had been drafted in consultation with civil society.
The competencies of the Observatory for Security against Discriminatory Acts had been broadened to include the promotion and protection of human rights. An email system had been established, allowing for complaints against private citizens or administrations. Data was also monitored by this organization, and training activities were conducted. Around 57,000 police officers had been trained since the Observatory was established in 2010, including those entering the police force for the first time.
A training module was also available on racial profiling, with learnings taken from research done in France and Spain. The training highlighted the negative aspects of racial profiling and how this hampered an effective police investigation. To do this, the module outlined a definition of racial profiling, and used case studies from real examples of cases of racial profiling which had occurred in Italy. This training was available on the Italian online police platform, which could be accessed by all Italian police officers, including local and national staff.
Ethnic and racial hatred continued to be the main grounds of discrimination in Italy, but this was a declining trend. In 2020 60 per cent of the cases were on these grounds, 54 per cent in 2021 and 40 per cent in 2022. A solidarity fund had been established for victims to ensure that acts of discrimination could be countered. The ³Ô¹ÏÍøÕ¾ Office on Racial Discrimination had adopted a new strategy 2021-2030 to include the Roma, Sinti and Camminanti communities. This strategy was developed in a participatory process, including 30 communities which represented the Roma and Sinti groups. The plan aimed to increase the representation of these groups in society, in particular Roma women who did not have significant representation. Activities totalling around 20 million euros were being planned for this group, including to target the discriminatory attitudes prevalent in the country.
The Roma, Siniti and Camminanti communities were estimated to be around 185,000 people, with around 30,000 in formal settlements. From 2012 to 2021, there had been a significant decrease in those residing in formal settlements. There were around 90 resettlement projects operating throughout the country. There had been around 3,500 successful resettlements conducted already, particularly in Florence and Rome and in the metropolitan area of Caligari.
Italy was committed to structurally tackle the persistent anti-Roma feeling in the country and was undertaking various activities in this regard. On the second of August each year, a commemoration day was held to remember the tragedy suffered by the Roma population in the camps of Auschwitz. Italy worked together with local authority representatives and had conducted visits to Madrid to consider how resettlement schemes had been conducted in Spain, as these had been especially successful. The situation of evictions had been improving, with a 50 per cent drop in evictions being recorded between 2014 and 2021.
There had been two significant projects on health for the Roma, Sinti and Camminanti communities, one of which would be rolled out into permanent programming. Local health operators and workers had been trained on how to care for the Roma and other communities. Training had been provided as part of the cultural set up, to allow health workers to better meet the needs of these communities. Projects had been implemented to encourage the inclusion of Roma, Sinti and Camminanti children in schools.
The most recent publication of data on 15 December 2022, which looked at figures from the census, showed that the total number of people living outside families or in homeless situations in Italy was around half a million persons, with the average age of these persons being 57. There were 15,700 people living in authorised camps, and the average age was around 30 years. Rome, Milan, and Reggio d’Émilie were the main cities which held these camps.
The anti-Roma sentiment was a structural prejudice which the Government was working to address, including through promoting cultural aspects of these communities. Research activities, awareness raising and education were also conducted to ensure that the Roma, Sinti and Camminanti communities themselves were made more aware of their own history. Multiple visits were carried out to this end, and a Roma future pavilion was also included at the Venice Biennale.
The delegation said between 2015 and 2020, an average of 20 sentences in criminal cases were handed down each year for cases of hate crimes. Use of gestures, flags or choruses, including in sport, could be deemed as racist, and it was possible to ban someone who had exhibited racist behaviour from sporting venues. The Observatory for Security against Discriminatory Acts worked with the Observatory of Sporting Events to specifically prevent racial discrimination in sporting events. In June 2023, several Ministries and the ³Ô¹ÏÍøÕ¾ Football League signed a declaration of intent to combat anti-Semitism in sport. On the regrettable hate incident against Lukaku the footballer, the defendants had been charged with racial hatred and were subsequently prohibited from attending sporting events.
Questions by Committee Experts
RÉGINE ESSENEME, Committee Expert and Country Rapporteur for Italy, asked how the independent vehicle of the judicial system operated when it came to the training of judges? What was the procedure for appointing the Director of the ³Ô¹ÏÍøÕ¾ Office on Racial Discrimination? What was delaying the law on the national human rights institution?
MEHRDAD PAYANDEH, Committee Expert and Co-Rapporteur for Italy, asked if there were any discussions about racial profiling? Did the ³Ô¹ÏÍøÕ¾ Organization on Racial Discrimination have this issue on its agenda?
Responses by the Delegation
The delegation said there was a document relating to hate crimes and hate speech, which focused on the training of magistrates. There was an absolute guarantee of independence of the Ministry of Justice. The ³Ô¹ÏÍøÕ¾ Office on Racial Discrimination focused more on other aspects of discrimination, as the other bodies dealt with different issues.
Questions by Committee Experts
A Committee Expert said it was important to address the issues at the borders, as this significantly affected those on the mainland. How did one strike this very difficult balance? Racial profiling was directly linked with this issue.
Another Committee Expert said Italy had a lot of laws, but they had not heard how they were working. What were some outcomes which determined that the various laws and programmes had been working?
One Committee Expert asked if the opposition had questioned the new methodology of work pertaining to the draft bill for the national human rights institution?
Responses by the Delegation
The delegation said when there were delicate issues, these were passed onto Commissions where discussions could go deeper to reach an agreement. In relation to the national human rights institution, this was seen as a positive thing as it showed they may finally be ready to agree on a law.
Concluding Remarks
RÉGINE ESSENEME, Committee Expert and Country Rapporteur for Italy, thanked the Italian delegation for the responses provided to some of the questions asked by the Committee. She wished the delegation a safe return home and encouraged the State party to step up its efforts to combat Afro-phobia and anti-gypsy sentiment which was prevalent in Italy and undermined the State party’s efforts.
MEHRDAD PAYANDEH, Committee Expert and Co-Rapporteur for Italy, thanked the delegation for all the answers provided and wished everyone safe travels home.
FABRIZO PETRI, President of Italy’s Inter-ministerial Committee for Human Rights and head of delegation, said he was impressed by the depth in which the Committee went through the report. The delegation had done its best to answer the questions and would provide additional responses in 48 hours. A conference had recently been held in Rome on migration, which was one of the many activities undertaken by the Government, which hoped to bring about some change. Significant work was undertaken with civil society organizations, particularly in the framework of the Universal Periodic Review. The dialogue had been extremely important and Italy would do its best to keep the discussion alive.
VERENE ALBERTHA SHEPHERD, Committee Chairperson, thanked members of the delegation of Italy for their dialogue and replies and for the promise to send further answers. Italy would be sent the recommendations in due course.
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