14/4 Report of the Working Group on the Universal Periodic Review - Italy
Document Type: Final Report
Date: 2010 Mar
Session: 14th Regular Session (2010 May)
Agenda Item: Item6: Universal Periodic Review
GE.
Human Rights Council Fourteenth session Agenda item 6 Universal Periodic Review
Report of the Working Group on the Universal Periodic Review*
Italy
* Previously issued under document symbol A/HRC/WG.
circulated as received.
Contents Paragraphs Page
Introduction............................................................................................................. 1–
I. Summary of the proceedings of the review process ................................................ 5–83 3
A. Presentation by the State under review........................................................... 5–
B. Interactive dialogue and responses by the State under review........................ 20–83 5
II. Conclusions and/or recommendations..................................................................... 84–85 13
Annex
Composition of the delegation ......................................................................................................... 22
Introduction
1. The Working Group on the Universal Periodic Review, established in accordance with Human Rights Council resolution 5/1, held its seventh session from 8 to 19 February 2010. The review of Italy was held at the third meeting, on 9 February 2010. The delegation of Italy was headed by the Vice-Minister for Foreign Affairs, Vincenzo Scotti. At its seventh meeting, held on 11 February 2010, the Working Group adopted the report on Italy.
2. On 7 September 2009, the Human Rights Council selected the following group of rapporteurs (troika) to facilitate the review of Italy: Slovakia, Argentina and Ghana.
3. In accordance with paragraph 15 of the annex to resolution 5/1, the following documents were issued for the review:
(a) A national report submitted/written presentation made in accordance with
paragraph 15 (a) (A/HRC/WG.
(b) A compilation prepared by the Office of the United Nations High
Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)
(A/HRC/WG.
(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.
4. A list of questions prepared in advance by Austria, the Czech Republic, Denmark, Germany, the Netherlands, Norway, Sweden and the United Kingdom of Great Britain and Northern Ireland, was transmitted to Italy through the troika. These questions are available on the extranet of the universal periodic review.
I. Summary of the proceedings of the review process
A. Presentation by the State under review
5. At the third meeting, on 9 February 2010, the Vice-Minister of Foreign Affairs introduced the national report, prepared with the participation of civil society organizations, with past and future meetings organized by the Inter-Ministerial Committee on Human Rights. He emphasized that Italy's engagement in universal periodic review is part of its commitment to the promotion of human rights in the UN and other international fora.
6. Italy declared its intention to ratify the Optional Protocol to the Convention against Torture once a relevant independent national preventive mechanism is put in place in connection with the establishment of a national human rights institution. The bill to ratify the Council of Europe Convention against Trafficking in Human Beings has been approved and will now be submitted to Parliament. While remaining attentive to the needs of migrants, Italy is not in a position to ratify the Convention on the Rights of All Migrant Workers and Members of Their Families, which does not make a distinction between regular and irregular migrant workers and whose provisions fall within the European Union domain.
7. With regard to the domestic process aimed at establishing a national independent commission for the promotion and protection of human rights in accordance with the Paris Principles, the inter-ministerial working group is currently concluding draft legislation and the governmental process should be finalized in a few months.
8. In relation to the Roma and the Sinti, Italy acknowledged that the integration had proved more difficult for groups that have arrived over the past 10 - 15 years. The stigmatization of minorities has always been a source of concern, and the recent episodes of violence against Roma communities had been condemned by all political forces and were subject to judicial investigation. However, with regard to forced evictions of people living in unauthorized camps, Italy noted that they were sometimes necessary to ensure appropriate and legal living conditions and that, wherever possible, the persons involved were consulted in advance.
9. Regarding the treatment of migrants, Italy affirmed its full compliance of the recent legislative and administrative acts, known as the “security package” and their implementing procedures, with human rights principles and obligations.
10. Regarding the control of associations of private citizens to patrol municipalities, Italy underscored that the relevant legislation provided for the mandatory registration of such associations within each competent prefecture.
11. Over the past few years, the country had been exposed to a massive inflow of migrants, which increased by 250 per cent over the last few years, and could, in some instances, affect public order. Italy is at the forefront of efforts to rescue migrants and asylum-seekers on the high seas. It affirmed that, in cases of human trafficking, international law permitted the return of migrants to their countries of origin, unless they were in need of urgent medical assistance and had not expressed the intent to apply for asylum or other forms of international protection.
12. As for recent cases before the European Court of Human Rights relating to counter- terrorism action, Italy had accorded the utmost attention to the protection of the human rights of returnees in their countries of origin, and that, as acknowledged by the Court, applicants had not suffered torture or ill-treatment in the country of destination. Recent domestic case law shows the current trend of substituting expulsion with other measures, such as the transfer to a labour house.
13. Italy noted that an area of the informal economy had emerged, in which workers, and in particular migrant workers, were not protected as they were not officially employed. New measures to counter this phenomenon had been adopted in 2009 to extend social protection to all workers, and more than 300,000 non-EU workers had now been regularized. At the same time, measures aimed at the stable integration of migrants were being envisaged with the provision of long term residence permits after a test period.
also decided to launch an initiative at the United Nations to discuss the issue of inter-ethnic cities.
16. The Government expressed its commitment to gender equality, the human rights of the individual, prevention and removal of discrimination for reasons directly or indirectly based on sex, racial or ethnic origin, religion or belief, age or sexual orientation. Following recent incidents of homophobia, the first national awareness-raising campaign was launched. In this framework, Italy mentioned the Project “Diversity is a value” run by a group of relevant non-governmental organizations. The National Office against Racism has also commissioned Lenford Network, an advocacy organization, to carry out a study. The study will focus on, inter alia, preventing homophobic bullying in schools, combating multiple forms of discrimination, counselling for the families concerned and the promotion of local networks. Along these lines, the Department for Equal Opportunities has commissioned the National Institute of Statistics to carry out the first national multi- purpose survey on homophobia by 2011.
17. Italy stated that, in recent years, owing to the active public denunciation and condemnation of organized crime of some journalists, they have been victims of acts of intimidation by organized crime groups. The Italian authorities have promptly taken adequate measures to ensure the highest possible level of protection by Police forces while the judicial authorities have initiated two investigations.
18. As to the offence of libel, the Supreme Court has stated that the “right to chronicle” is lawful when it expresses a social value, the truth and the correct exposition of the episode, while the “right to criticism” must reflect the correctness of the language and the respect for the person concerned. The Penal Code envisages penalties ranging from a fine to detention, which are of course enforced by a definitive verdict only when the limits to the above-mentioned rights have been overcome.
19. In order to overcome overcrowding in prisons, a plan of action was recently adopted envisaging the building of new wings and prisons together with an increase of 2,000 units in the Penitentiary police staff and other measures aimed at reducing the prison population. Through this intervention, there will be 21,000 new places for a total prison capacity of about 80,000 places.
B. Interactive dialogue and responses by the State under review
20. During the interactive dialogue, statements were made by 51 delegations.1 A number of delegations commended Italy for its comprehensive national report and noted the consultation process with civil society stakeholders in its preparation. Recommendations made during the interactive dialogue are listed in Chapter II of the present report.
21. Kuwait commended Italy on its report, which reviewed challenges and national policies related in particular to racism, the protection of migrants and support for persons with disabilities. Kuwait observed that the relevant governmental agencies continued to work to establish an independent national institution for the promotion and protection of human rights, although a number of bodies existed in that area, including the Consultative Committee on Religious Freedom. Kuwait made recommendations.
1 Additional statements by the 13 delegations that could not be delivered during the dialogue owing to
time constraints (Bulgaria, Croatia, Ecuador, Ethiopia, Ghana, Iraq, Mauritius, Moldova, Montenegro, Nigeria, China, Portugal and San Marino) will be posted on the extranet of the universal periodic review when available.
22. Algeria welcomed the decision taken by Italy to resolve issues related to its colonial
past with Libya, and expressed the hope that other former colonial Powers would follow
that example with regard to colonized countries. Algeria expressed concern at the reported
increase in hatred and xenophobia against Africans and Muslims. Algeria referred to reports
that some Italian ships had not responded to boats in distress. It also regretted that the target
of 0.
23. Cuba noted that discrimination, exclusion, prejudice and degrading treatment against the Roma and the Sinti, as well as migrants, had attracted the critical attention of the Committee on the Elimination of Racial Discrimination. Hate speech expressed in the media and by some politicians had exacerbated intolerance and stigmatization. The Committee on the Rights of the Child had denounced the ill treatment of foreign children by security forces and had raised questions regarding the conditions of the detention and ill treatment of migrants. Cuba also noted that women continued to face disadvantages in the labour market and were paid less then men for equal work. Cuba made recommendations.
24. Pakistan noted that Italy had signed almost all of the core human rights instruments and had also created mechanisms such as the advisory committee on religious freedom. Pakistan asked Italy to elaborate on what specific recommendations the committee had made and what actions had been taken. Pakistan expressed concern at reports regarding xenophobic and intolerant attitudes, as well as acts of discrimination against irregular migrants and unwanted minorities. Pakistan made recommendations.
25. Slovenia noted the establishment of the National Office for the Elimination of Racial Discrimination and the Committee for the Protection of Foreign Minors. It highlighted the fact that the culture, the language and the identity of the Slovenian minority were protected under international law, and that Italy was obliged to support their preservation. However, Slovenia noted a tendency to reduce funding, which was gradually endangering the effective functioning of several minority institutions. Slovenia made recommendations.
26. Yemen expressed satisfaction at the information provided in the national report on migration, asylum policies and the fight against trafficking. Yemen highlighted the measures of integration that had been undertaken, such as the system for the protection of asylum seekers and refugees. Yemen welcomed Italy’s transparency in acknowledging certain racist trends in society, noting that Italy needed to continue its efforts to eradicate those trends. Yemen made recommendations.
27. Lebanon noted Italy’s efforts to combat discrimination through legislative measures, the establishment of a judicial protection system for victims and the adoption of a national plan against racism in 2006. It welcomed Italy’s policy of encouraging intercultural and interreligious dialogue to promote mutual understanding among communities and the establishment of projects contributing to integration. Lebanon asked about policies regarding the rights of persons with disabilities, following Italy’s ratification of the Convention on the Rights of Persons with Disabilities. Lebanon made recommendations.
28. The Philippines considered Italy’s integration of human rights education at all levels of education and the provision of human rights training to the judiciary and the police as best practices. It highlighted the fact that human rights education was a key factor in preventing and combating attitudes and behaviours based on racism, discrimination and xenophobia. It took note of reports regarding the situation of migrants and believed that human rights education could play an important role in enhancing the protection and promotion of migrant rights. The Philippines made recommendations.
29. Turkey welcomed the fact that Italy attached special importance to protecting victims of trafficking, as well as the creation of special funds for victims of slavery and trafficking. Turkey noted several challenges in the area of racial discrimination and encouraged the country to strengthen its anti-discriminatory legislation. Turkey requested
further information about the plan of action on penitentiary administration. Noting that Italy accorded special attention to human rights education, it wished to obtain further details on the results of that effort.
30. Canada welcomed the 2006 National Action Plan against Racism, but noted concerns expressed by the High Commissioner for Human Rights regarding xenophobic and intolerant attitudes against migrants and minorities, and by the Committee regarding reported instances of hate speech, including statements attributed to certain politicians. Canada also noted continuing concerns on the part of the Committee against Torture regarding the trafficking of women and children. Canada took note of the assessment made by Freedom House that Italy’s media were only “partly free” in 2009. Canada made recommendations.
31. The Islamic Republic of Iran noted a number of serious concerns, including instances of hate speech against foreign nationals, Arabs, Muslims and Roma attributed to certain politicians. It was concerned about the role of the media in associating Muslims with extremism and terrorism. Furthermore, it noted the severe under-representation of women in political and public positions, a considerable wage gap and the persistence of violence against women. Other concerns were related to reported cases of ill treatment by law enforcement agencies. Iran asked Italy to provide further details on its measures to address those issues and made recommendations.
32. Uzbekistan welcomed the constitutional amendments providing for special measures to ensure gender equality, and highlighted the adoption of the 2005-2009 plan of action on the implementation of the World Programme on Human Rights Education. Uzbekistan expressed concern at discrimination and degrading treatment with regard to migrant workers and minorities. It noted that the definition of torture had not been included in the national legislation and drew attention to reports concerning ill treatment by law enforcement agents. It made recommendations.
33. Kyrgyzstan expressed satisfaction at a programme launched by the National Anti- Discrimination Committee, which was to be implemented through cooperation between the central Government and local authorities, with the goal of creating a comprehensive system for the prevention and elimination of racial discrimination. It noted that Italy was a country of immigration and that immigrants were a very important resource contributing to the progress of Italian society. Kyrgyzstan made recommendations.
34. Egypt noted with interest the establishment of the National Office against Racial Discrimination and initiatives to combat gender-based violence. Egypt welcomed the creation of several consultative mechanisms for the promotion of an open dialogue with civil society organizations engaged in human rights. Egypt observed that Italy faced challenges with respect to xenophobic and intolerant attitudes and hate crimes against irregular migrants and certain minority groups. It wished to receive further information on steps taken to address those issues. Egypt made recommendations.
35. Hungary observed that the establishment of a national human rights institution had been pending for years and asked about the causes of that delay. Hungary also enquired about a timetable for Italy to become party to the few remaining human rights instruments that it had not yet ratified, including the Optional Protocol to the Convention against Torture. Noting Italy’s emphasis on the education of Roma and Sinti children and young people, Hungary asked about the results achieved through those programmes.
Paris Principles and requested more information on the status of that initiative. It made recommendations.
37. The United Kingdom of Great Britain and Northern Ireland welcomed Italy’s commitment to work to establish an independent national human rights institution and asked about the time frame for the adoption of the draft law on that institution. It asked whether there were any plans for the reintroduction of a bill to make torture a specific offence within ordinary criminal legislation. It also raised questions regarding the legislation known as the Pisanu Law, which relates to the expulsion of foreign terrorist suspects to third countries. The United Kingdom made recommendations.
38. Norway noted worrying trends of racist violence and rising intolerance towards lesbian, gay, bisexual and transgender people, but expressed appreciation for the campaign against homophobia. It noted that in 2008, according to Reporters sans Frontiers, Italy had fallen to 49th place in terms of press freedom, taking into account all aspects of freedom of expression, such as police intervention, censorship and threats, legislation and restrictions, as well as threats against journalists. Norway made recommendations.
39. Australia welcomed in particular the establishment of Italy’s National Office against Racial Discrimination and wished to receive further information. It welcomed Italy’s international efforts to prevent the involvement of children in armed conflict. Australia welcomed several measures adopted to provide economic and social support for the integration of the Roma and the Sinti, while expressing concern over reports of discrimination and degrading treatment affecting those populations. Australia made recommendations.
40. Viet Nam noted with appreciation efforts and achievements in the areas of gender equality, human rights education and the protection of the rights of women in society and in families. While acknowledging efforts to ensure the rights of migrant workers and asylum seekers, Viet Nam was concerned about prejudice and racist attitudes towards those groups. Viet Nam made recommendations.
41. The Russian Federation stated that it took a generally positive view of the work carried out by Italy in the area of human rights. It made recommendations regarding the creation of an independent human rights institution, as well as the penitentiary system and the integration of the Roma and the Sinti.
42. Nicaragua, while recognizing the problems caused by an increase in the flow of migrants, noted a lack of institutional capacity to address the attendant problems. Nicaragua observed the existence of deficiencies in procedures, in particular regarding the detention of asylum seekers, which could result in long detention periods. It noted that irregular migrants, asylum seekers, persons under humanitarian protection and refugees continued to be vulnerable to racial discrimination and exploitation in the labour market. Nicaragua made recommendations.
43. Belgium congratulated Italy on its efforts in multilateral forums to combat the death penalty. Belgium asked Italy how it assessed the situation of migrants and refugees, noting findings by the Committee and the Special Rapporteur that the media played a role in projecting a negative image of the Roma and the Sinti. Belgium asked about planned measures to fight racism and to ensure the integration of affected communities into Italian society. Belgium made recommendations.
stereotypes, and how Italy was addressing concerns regarding freedom of expression in the publicly owned media. Finland made recommendations.
45. Azerbaijan welcomed the establishment of the National Office for the Elimination of Racial Discrimination and the Committee for the Protection of Foreign Minors, but noted that the High Commissioner had expressed grave concern at the xenophobic and intolerant attitudes against migrants and some minorities. Azerbaijan noted amendments to the Constitution providing for the adoption of special measures to ensure equal rights for men and women, as well as the increased number of seats held by women in parliament. It asked Italy about the possible establishment of a national plan of action aimed at eliminating racial discrimination. Azerbaijan made recommendations.
46. Israel noted that Italy had undertaken initiatives in multilateral forums concerning the abolishment of the death penalty and the protection of children in armed conflict, as well as the promotion of human rights education and training. It highlighted as particularly notable the significant increase in the representation of women in political and public positions in Italy, in response to concerns expressed in 2005 by the Committee on the Elimination of Discrimination against Women. Israel made recommendations.
47. Sweden highlighted the fact that the Committee on Economic, Social and Cultural Rights had noted that the frequency of forced evictions of Roma and Sinti had increased following the adoption of new security measures. Sweden noted that communities were seldom notified or consulted in advance. Sweden stated that recent legislative measures on immigration and asylum were a matter of concern, including the criminalization of undocumented entry and stay, as well as the obligation that public officials report irregular migrants or face criminal charges. Sweden made recommendations.
48. The Netherlands stated that, as indicated in the national report, one of the main challenges facing Italy was that it had changed from a country of emigration to one of immigration. The Netherlands expressed concern over, inter alia, instances of hate speech and noted that the Human Rights Committee had expressed concern at political influence over public television channels and a high level of concentration in the audio-visual market. Netherlands made recommendations.
49. In response to the statements made, Italy again confirmed that a draft law on the establishment of a national human rights institution was being considered in Parliament and that an ombudsman institution for children’s rights was also being discussed.
50. Concerning the subject of racism, Italy acknowledged that the problem persisted to some extent but noted that the legal framework was clear and that judicial protection was guaranteed, including with regard to xenophobic speech. Non-discrimination was a main pillar of the Italian Constitution, and further guidance was provided through the European Equal Treatment Directive as implemented through national legislation.
51. Efforts were also being made by the Ministry of Education, which had established specific programmes in that regard and was seeking to ensure that all children could enjoy the right to education, even if their parents lacked residency permits. The Ministry of Interior was taking measures to counter racist behaviour at sports events, and a code of ethics had been developed for the media. Government authorities had also taken a number of measures to counter Internet abuse. In 2008, the Ministry of Equal Opportunities had launched an awareness-raising campaign on the question of migrants.
52. Italy noted that it had a comprehensive system of asylum and that new arrivals were regularly informed about their right to international protection. With nearly 50 per cent positive responses to all applications made, Italy’s rate of acceptance was above the EU average. Italy once again highlighted its efforts to provide rescue at sea, not only in its own waters, but also beyond.
53. With regard to questions about the Roma and the Sinti, Italy noted that there was no uniform pattern of presence. Problems persisted, especially in the principal urban centres, but all incidents were promptly investigated, and there were special procedures in place to address problems in the communities concerned, including in the area of housing and with regard to access to education, health and social services.
54. Italy also expressed profound concern at the crime of human trafficking, noting that it had ratified the major instruments adopted by both the United Nations and the Council of Europe in that area, and had also launched national measures and projects to combat the scourge and assist its victims.
55. In relation to questions concerning the Slovenian minority, Italy confirmed that the principle of protection of all minorities is explicitly mentioned in the Italian Constitution. Italy was fully committed to respecting their rights and those of all other minorities and to preserving their culture and identity.
56. Brazil commended Italy on its standing invitation to special procedures. Brazil asked Italy to provide further details regarding its measures to prevent and combat hate speech. It observed that policies on migration had been the subject of criticism and that the High Commissioner had called on Italy to cease its mandatory detention and criminalization of migrants. Brazil invited Italy to reflect upon the human rights implications of legislation that had entered into force in 2009. Brazil made recommendations.
57. Nepal noted that Italy had issued a standing invitation to special procedures. It appreciated efforts to enhance equality and non-discrimination vis-à-vis the Roma and the Sinti, but noted that significant challenges remained. Nepal stated that the 2008 amendment to immigration legislation that had reversed the long-held policy on non-refoulement was a matter of concern. It noted with concern the situation of “unaccompanied foreign children” and encouraged Italy to take measures to safeguard their rights.
58. Spain congratulated Italy on having signed the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights and noted with satisfaction the possibility of ratifying Optional Protocol to the Convention against Torture and the International Convention on the Protection of All Persons from Enforced Disappearance. Spain made recommendations.
59. Colombia asked if Italy was considering ratifying the International Convention on the Rights of Migrant Workers and Their Families (ICRMW). Regarding efforts to combat violence against women, Colombia asked for more information on experience with the implementation of free telephone support services. Colombia also noted Italy’s leadership and active role on the theme of education and human rights in the Human Rights Council. Colombia made a recommendation.
60. France observed that several treaty bodies had expressed concern regarding equality between men and women, in particular in the labour market, and noted a recommendation by the ILO Committee of Experts in this regard. France enquired how Italy envisaged responding to these concerns, and what measures had been taken to respond to concerns of the Committee against Torture regarding the incorporation into national legislation of the crime of torture. France made recommendations.
61. Morocco asked if Italy’s integration policy took into account the need to preserve the identity and original culture of migrants. It welcomed the establishment of an observatory on religious policies. It congratulated Italy on the implementation of sustainable humanitarian solutions, most notably the resettlement of refugees. Morocco welcomed the integration of a human rights education component in school programmes and the training of magistrates and law enforcement personnel. Morocco made a recommendation.
62. Belarus noted Italy’s commitment to fighting modern forms of slavery and the creation of a national committee to fight trafficking. Belarus commended the partnership with non-governmental organizations on the protection and rehabilitation of victims of trafficking, and highlighted the special fund for victims. It asked Italy to pay more attention to identifying victims of trafficking among illegal migrants, and to ensure their protection and rehabilitation. Belarus made a recommendation.
63. Bosnia and Herzegovina noted that Italy was not a party to certain core human rights treaties and asked if it was considering their ratification. It asked for information regarding obstacles faced in establishing a commission for the protection of human rights in accordance with the Paris Principles. It commended the National Office against Racial Discrimination and encouraged strengthening its mandate. Bosnia and Herzegovina made recommendations.
64. Chile noted that Italy was a country of immigration, and that migrants were an important resource for the economy, contributing to national progress. Chile recognized the positive measures taken to combat racism and xenophobia, but expressed concern at reports of violent acts against migrants, Roma and Sintis, as well as Italians of migrant descent, as noted by different treaty bodies. Chile made recommendations.
65. Bangladesh noted positively Italy’s promise to raise its official development assistance. Bangladesh expressed concern about the criminalization of irregular immigration. It noted reports of exploitation and abuse of migrant workers as well as ill- treatment by law enforcement and immigration officials. It noted that discrimination and ill- treatment against the Roma were pervasive. Bangladesh highlighted instances of hate speech targeting foreign nationals, Arabs, Muslims and Roma. Bangladesh made recommendations.
70. India noted the establishment of, inter alia, a national plan of action against racism. It also considered as laudable Italy’s emphasis on, and accomplishments in, human rights education. India noted concern regarding the situation of minorities and requested Italy’s views on challenges and information on new measures planned. India requested Italy’s views on concerns about the need for human rights due diligence by the country’s oil companies with regard to their overseas operations. India made recommendations.
71. Germany drew attention to a report of the Working Group on Arbitrary Detention, in which it noted deficiencies in the juvenile justice system. It asked how Italy ensured that the juvenile justice system was provided with the necessary means to function in accordance with the principles enshrined in the juvenile justice legislation.
72. Denmark asked Italy to elaborate on criticism regarding the transfer of migrants and asylum-seekers to another country without proper assessment of the need for refuge and other protection. It made reference to concerns by the Human Rights Committee and independent organizations noting that the Roma were not protected as a minority on the basis that they did not have a connection with a specific territory. Denmark made recommendations.
73. Austria welcomed the forms and conditions of political autonomy granted to the German-speaking minority. It noted concern about increased attacks, creating a public climate of hostility against Roma, and asked about measures being taking to combat such incitements. It noted that magistrates were concerned about threats to their independence by certain legislative reform plans. Noting concerns expressed at statements by politicians on the independence of the judiciary, Austria asked how Italy was responding to such allegations. Austria made recommendations.
74. Uruguay highlighted Italy’s standing invitation to special procedures and its dialogue with civil society in the process of the elaboration of its periodic reports to United Nations treaty bodies and other multilateral organs. Uruguay welcomed the recent announcement of the adoption of a national plan on children. Uruguay requested more information on concrete measures taken to facilitate educational support for migrant children. Uruguay made recommendations.
75. Japan expressed appreciation for Italy’s international cooperation focused on strengthening social, economic, and democratic governance, as well as the respect for human rights. Japan expressed concerns about reports of violence directed against immigrants. Japan asked about the countermeasures taken in response. Noting that the Special Rapporteur on racism had recommended that Italy recognize the Roma and the Sinti as national minorities, and protect and promote their language and culture, Japan asked about concrete measures in this regard. Japan made recommendations.
76. New Zealand asked that Italy detail specific programmes under way to target racism and xenophobia. It requested details on measures taken by Italy to ensure the individual circumstances of each asylum-seeker are genuinely considered. Noting that women made up less than 15 per cent of representatives in Parliament, it asked if Italy was taking measures to increase representation of women and, if so, what they were. It made a recommendation.
77. Burkina Faso encouraged Italy to ratify the regional human rights instruments to which it is not yet a party. It expressed concern of events affecting migrants. It welcomed the existence of the national office to fight racial discrimination, as well as new initiatives under way. Burkina Faso made recommendations.
speed up procedures for the establishment of the national institution for human rights, which would ensure the promotion and protection of human rights.
79. In response, Italy emphasized that, with regard to the crime of torture, its legal system provided for sanctions for all criminal conduct covered by the definition of torture, even if that crime was not specifically defined in the Penal Code. The introduction of a specific provision was currently under debate in Parliament. Italy also stated that corporal punishment was unlawful.
80. With regard to the identification of persons belonging to the Roma community, Italy stated that fingerprinting was not a regular procedure, but a measure of last resort.
81. On gender equality, Italy highlighted a new constitutional provision on the principle of equal access to public office, and noted that this principle had been implemented in, for example, regional elections.
82. Italy stated that extensive human rights programmes were in place for different police forces. In relation to the problems of minors, in particular those of migrant background, in penitentiary institutions, in the past four years, there had been a significant decrease in the number of imprisonments and that alternative, non-custodial measures had been developed. Regarding the reform of the judiciary, a debate concerning the problem of the excessive duration of judicial procedures was ongoing in Parliament.
83. Italy concluded by underlining the positive role and potential of the universal periodic review mechanism for further improvements in the area of human rights, and for continuing dialogue with all States and civil society. The recommendations that will be accepted will help Italy draw a road map for its future work in the field of human rights.
II. Conclusions and/or recommendations
84. The following recommendations will be examined by Italy, which will provide responses in due time, but no later than the fourteenth session of the Human Rights Council:
1. To become a party to remaining human rights instruments and consider withdrawing its reservations, in particular to International Covenant on Civil and Political Rights (Pakistan);
2. To consider, possibly within the framework of a desirable re-orientation of European policy, ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, even if initially with reservations (Algeria); to consider ratification of the International Convention (Azerbaijan, Chile, Egypt, Islamic Republic of Iran, Mexico, Philippines);
3. To ratify the International Covenant on Civil and Political Rights (Bosnia and Herzegovina, Kyrgyzstan, Nicaragua,);
4. To ratify the Optional Protocol to the Convention against Torture , in order to permit the Subcommittee for Prevention to conduct visits to places of detention, including reclusion centres for migrants and asylum-seekers, as well as those with the populations originating in national minorities in order to help the Government improve conditions in these centres (Mexico); to ratify the Optional Protocol to the Convention against Torture (Azerbeijan, Czech Republic); to ratify the Optional Protocol to the Convention against Torture and take the measures necessary to comply with its provisions (United Kingdom of Great Britain and Northern Ireland);
5. To ratify the International Convention for the Protection of All Persons from Enforced Disappearance (France);
6. To consider ratifying the Optional Protocol to the Convention against Torture and the International Convention for the Protection of All Persons from Enforced Disappearance (Chile);
7. To ratify the Council of Europe Convention on Action against Trafficking in Human Beings (Kyrgyzstan);
8. To incorporate the crime of torture into domestic law, as recommended by the Committee against Torture (Netherlands); to incorporate in its national law the crime of torture corresponding to the definition of torture in article 1 of the Convention against Torture (Czech Republic); to take steps to incorporate the crime of torture as defined by article 1 of the Convention against Torture into domestic law (New Zealand);
9. To ensure that amendments to the immigration law are in accordance with existing obligations under the International Covenant for Civil and Political Rights (Spain);
10. To ensure that provisions in the security package are in full compliance with its obligations under international law (Austria);
11. To consider establishing, at the earliest, a national human rights institution that is compliant with the Paris Principles (India); to continue its efforts to establish a national human rights institution, with a mandate to promote and protect human rights in conformity with the Paris Principles (Burkina Faso); to continue its efforts on the draft law to set up an independent human rights institution that would function in an independent manner, in accordance with the Paris Principles (Kuwait);
12. To take steps to accelerate the existing efforts to establish an independent human rights institution (Algeria); to expedite the process towards the establishment of an independent national human rights institution in conformity with the Paris Principles (Philippines); to speed up efforts towards the establishment of an independent national human rights institution in conformity with the Paris Principles (Malaysia);
13. To establish its national human rights institution, on priority, in accordance with the Paris Principles (Pakistan); to establish an independent national institution for human rights (Islamic Republic of Iran); to establish an independent national human rights institution in accordance with the Paris Principles (Azerbaijan); to adopt the draft law on an independent national human rights institution in accordance with the Paris Principles, as soon as possible (France); to finalize the establishment procedure for the national human rights institution according to the Paris Principles (Bosnia and Herzegovina); to create an autonomous and independent national human rights institution in conformity with the Paris Principles and with the technical assistance of OHCHR (Chile);
14. To establish its national human rights institution in accordance with the Paris Principles before the end of 2010 (Denmark);
15. To continue efforts to establish an independent institution for the promotion and protection of human rights and fundamental freedoms, as well as an independent national body for the promotion of the rights of the child
(Russian Federation); to establish an ombudsperson for children according to the Paris Principles (Norway);
16. To strengthen the National Office against Racial Discrimination in terms of its capacity to provide assistance to victims and raise awareness (Philippines); to strengthen the mandate of the National Office against Racial Discrimination (Bosnia and Herzegovina); to strengthen the mandate and independence of the National Office against Racial Discrimination in line with the Paris Principles (Pakistan); to reinforce the action of the National Office against Racial Discrimination to ensure that it offers victims of acts of discrimination and intolerance in all its forms the most effective protection possible (Algeria);
17. To develop a national integrated human rights plan in accordance with the Vienna Declaration and Programme of Action (Islamic Republic of Iran);
18. To update and make more comprehensive its National Action Plan against Racism, in consultation with civil society and concerned communities (Canada);
19. To publicize broadly its National Action Plan against Racism and promote its full implementation (Canada);
20. To update the national action plan and initiate further concrete measures to stimulate tolerance and prevent discrimination and xenophobia, and especially taking into account the situation of the Roma and the Sinti (Netherlands);
21. To take measures to eliminate discrimination against vulnerable groups of the population, taking into account the content of the Durban Declaration and Programme of Action of 2001 and the outcome document of the Durban Review Conference in 2009 (Belgium); to continue its efforts to strengthen a culture of tolerance to eliminate all forms of discrimination against vulnerable groups (India);
22. To continue its efforts to fight against discriminatory and racist behaviour and trends (Yemen); to continue the steps in its policy to combat discrimination, especially in view of the increased number of racist acts (Lebanon);
23. To take a comprehensive set of measures to tackle racism and racial discrimination and to combat more resolutely all its forms and manifestations, particularly racist and xenophobic political platforms (Islamic Republic of Iran);
24. To take more effective measures to combat racial discrimination, in particular against vulnerable groups of women, especially Roma and migrant women, as well as measures to reinforce the respect of their human rights by all available means (Chile);
25. To eliminate all forms of discrimination against the Roma community, religious minorities, and migrants, and ensure equal opportunities for the enjoyment of economic, social and cultural rights, including education, health and housing (Bangladesh);
26. To take the measures necessary to prevent discrimination against minorities, as well as to contribute to the positive image of migrants in the country (Uzbekistan);
27. To take more effective measures to eliminate discrimination against non- citizens in relation to working conditions and work requirements, to adopt legislation prohibiting discrimination in employment, and to take further measures to reduce unemployment among immigrants (Egypt);
28. To take administrative and legal measures against perpetrators of racially motivated acts, targeting the Roma, Sinti, migrants and Muslims (Bangladesh); to condemn strongly the attacks on migrants, Roma and other ethnic minorities, ensuring that the attacks are investigated fully by the police and that those responsible are brought to justice (Norway); to ensure that attacks on migrants, Roma and other ethnic minorities are thoroughly investigated and those responsible are brought to justice (Pakistan); to ensure that attacks with xenophobic or racist background are promptly investigated by the police, and that those responsible be brought to justice (Austria);
29. To strengthen further authorities’ efforts to combat racism in the field of sports, including through legislative measures (Austria);
30. To take necessary measures, including public campaigns and training of teachers and other teaching staff, to raise awareness of the value of intercultural integration and combat all forms of racism and xenophobia (Uruguay); to continue its good practices in human rights education, and enhance programmes on human rights education for the general public and public officials aimed at combating racism, discrimination and xenophobia (Philippines); to strengthen further its measures, including human rights education and training for public officials and at school, to promote tolerance, respect diversity, equality and combat discrimination (Viet Nam); to step up efforts to strengthen public education, awareness-raising programmes and skill training at all levels, particularly aimed at preventing negative attitudes and behaviours, and to promote tolerance and respect for diversity (Malaysia);
31. To provide obligatory human rights education and training to police, prison and detention staff and judiciary, and ensure their accountability for any human rights violations (Czech Republic);
32. To strengthen initiatives aimed at intercultural and inter-religious dialogue that promote mutual understanding between different communities, and adopt projects that contribute to integration (Lebanon); to ensure a climate of constructive and transparent interaction between different cultures and religions (Yemen);
33. To take measures to raise awareness of existing legal provisions against hate speech, and to take prompt action to bring those responsible for breaking the law to justice (Canada); to condemn all racist and xenophobic statements, especially by public and elected officials, and make it clear that racist discourse has no place in Italian society (Norway); to denounce hate speech and prosecute actively in the justice system those responsible for racist and violent acts (Belgium); to take regular action to prevent hate speech and to take appropriate and prompt legal measures against those who incite discrimination or violence motivated by racial, ethnic or religious reasons (Brazil); to continue efforts to ensure that speech and comments made in the media that incite discrimination do not remain unpunished (Spain); to apply criminal provisions on hate speech and hate crimes strictly, and conduct public awareness-raising campaigns to promote tolerance (Czech Republic); to condemn forcefully and consistently, at the highest level, all racist and xenophobic statements, especially by public and elected officials (Pakistan); to intensify efforts to
combat racial discrimination and intolerance targeting foreign nationals and minority groups, including by investigating promptly and taking action against the perpetrators of racist and xenophobic speeches and public statements (Malaysia);
34. To ensure real equality of opportunities for women in the labour market, and consolidate the principle of equal pay for equal work (Cuba);
35. To promote initiatives to protect women from violence, such as the national network on violence against women, and the national observatory against sexual and gender-based violence, and elaborate the national plan to combat all forms of violence, including domestic violence (Israel);
36. To strengthen measures to prohibit discrimination based on sexual orientation and gender identity and combat hate crimes on these grounds (Netherlands); to undertake further campaigns against homophobia (Norway); to ensure adequate protection of LGBT people, not only through police forces on the streets, but legally via anti-discrimination law (Norway); to give special attention to cases of possible discrimination for reason of sexual identity or orientation, and ensure that cases of violence against such persons are appropriately investigated and prosecuted (Spain);
37. To make efforts aimed at preventing and eliminating all forms of discrimination and abuse vis-à-vis children (Uzbekistan);
38. To incorporate in its legislation the 1996 Supreme Court judgement that corporal punishment was not a legitimate method of discipline in the home, and criminalize corporal punishment in all cases, including in education (Spain);
39. To take effective measures to develop alternatives to institutionalization and place children in institutions only as a measure of last resort (Azerbaijan);
40. To implement existing Law 91/1992 on Italian citizenship in a manner that preserves the rights of all children born in Italy (Chile);
41. To take necessary measures, including administrative measures, to facilitate access to education to children who are not of Italian origin (Uruguay);
42. To adopt and implement a national plan of action for children (Islamic Republic of Iran); to strengthen efforts to finalize, adopt and implement, in consultation and cooperation with relevant stakeholders, including civil society, a national plan of action for children, as recommended by the Committee on the Rights of the Child (Israel); to adopt a national plan for children as soon as possible (Uruguay);
43. To increase its efforts and adopt a new national plan of action for children, ensuring specialized training for teachers and persons in the field of education of children with disabilities (Spain);
44. To adopt special procedures to ensure the effective protection of the rights of unaccompanied children in their access to asylum procedures (Czech Republic);
45. To continue efforts to solve problems related to the penitentiary system, in particular overcrowding in prisons (Russian Federation);
46. To encourage the adoption of alternatives to the deprivation of liberty, and of agreements allowing sentences to be served in countries of origin and the possibility of reintegration of foreign prisoners (Nicaragua);
47. To take steps to address issues raised by both the Special Rapporteur on the independence of judges and lawyers and the Human Rights Committee regarding the independence of the judiciary and the administration of justice (United Kingdom);
48. To ensure that legislative reforms do not infringe the independence of the judiciary (Austria);
49. To strengthen the independence of the judiciary (Islamic Republic of Iran);
50. To continue to ensure that the freedom of the media is guaranteed and, in this regard, to take into account the recommendations of the Special Rapporteur on the right to freedom of expression and the Human Rights Committee (Netherlands); to adopt further measures and safeguards to ensure the independent functioning of the media without the influence of the State (Czech Republic);
51. To take and publicize measures to strengthen media independence, and to address concerns over media concentration (Canada); to ensure that the freedom of expression is implemented fully, especially in publicly owned media (Finland);
52. To ensure the use of objective, transparent and non-discriminatory selection criteria in the allocation of broadcast licences, and to avoid bringing defamation cases against media outlets (Canada);
53. To take further measures to protect press freedom, including the protection of journalists from threats by criminal groups (Norway);
54. To review its legislation to ensure pluralism in the television industry (Nicaragua);
55. To continue to implement constitutional principles relating to freedom of religion and the need to respect religions and their symbols (Kuwait);
56. To increase efforts to reach out to and ensure the rights of members of minorities, particularly the Romani community (United States); to protect the Roma and the Sinti as national minorities, and to ensure that they are not the object of discrimination, including through the media (Cuba);
57. To strengthen efforts to integrate Roma and Sinti communities through positive action in the areas of education, employment, housing and social services (Australia); to continue contribute to the integration of the Roma and the Sinti into local communities, and to give them access to housing, work, education and professional training (Russian Federation); to continue efforts to tackle discrimination against Roma people in all sectors of society (Finland); to seek to ensure the effective participation of Roma people in the process of assuring their equal and non-discriminatory treatment (Finland); to ensure equal rights for members of the Roma and Sinti minorities, to ensure that all Roma and Sinti children are enrolled in school, and to make efforts to encourage regular school attendance by these children (Sweden); to adopt a comprehensive anti-discrimination law to ensure that the Roma enjoy equal access to employment, education and health care (United States);
58. To take all measures necessary to ensure the rights of the Roma people under article 27 of the International Covenant on Civil and Political Rights, specifically by amending the 1999 Act, which lays down this creation of connection with a specific territory (Denmark);
59. To pay special attention to the preparation, implementation and evaluation of the pilot project for the repatriation of a number of Roma, originally from Serbia, currently living in camps located in central and southern Italy, in order to facilitate the most appropriate remedies for the Roma population in a dignified and efficient manner (Serbia);
60. To continue to work to end intolerance and social discrimination against Roma and, in this regard, ensure that police and local authorities are trained to respond appropriately to allegations of crimes involving Roma and avoid inappropriate ethnic profiling (United States);
61. To ensure full compliance with international law with regard to forced evictions (Sweden);
62. To investigate all alternatives to forced evictions of Roma and Sinti people, including through thorough consultation with those directly affected (Australia);
63. To take new measures to ensure effective access to identification documents for all citizens (Czech Republic);
64. To implement fully law No. 38/01 on the protection of the Slovenian minority in Italy, and Law No. 482/99 (Slovenia); and to respect the institutions of the Slovenian minority by special treatment and inclusion in decision-making processes (kindergartens, schools and theatres) (Slovenia);
65. To implement fully the visible bilingual topography in the Friuli-Venezia Giulia autonomous region populated by the Slovenian minority (Slovenia); and to restore Slovenian names to road signs in villages in the Resia/Rezija community (Slovenia);
66. To increase the visibility of Slovenian television programmes throughout the Friuli-Venezia Giulia autonomous region, as stipulated in article 19 of law No. 103/75 (Slovenia);
67. To strengthen efforts to protect asylum-seekers and refugees (Yemen); to continue the implementation of laws on migration and amendments, to ensure that the laws are always fully in line with international standards (Kyrgyzstan); to make additional efforts in work with refugees and migrants (Kyrgyzstan); and to take further steps to ensure the full respect of the fundamental rights of migrants, asylum-seekers and refugees (Sweden);
68. To strengthen cooperation with UNHCR in order to guarantee access to a just procedure in identifying the protection needs of those travelling to or are in Italian territory (Mexico);
69. With regard to the concerns expressed in the Italian-Libyan agreement to prevent ships with immigrants from sailing to Italy, to ensure that intercepted persons have access to proper assessment of their asylum claims in accordance with international human rights standards (Netherlands);
70. To ensure satisfactory asylum procedures for all migrants and asylum- seekers rescued at sea (Denmark);
71. To review its legislation and practices, ensuring that they comply fully with the principle of non-refoulement, and to ensure the accountability of persons responsible for any violation thereof (Czech Republic);
72. To take appropriate legislative measures to decriminalize irregular entry and stay in Italy (Brazil); to eliminate the provision criminalizing irregular
entry and stay on Italian territory as contained in law No. 94 of 2009, as well as those provisions that regard non-documented status as an aggravating circumstance in the commission of criminal offence, and the creation of vigilante groups, as contained in law No. 125 of 2008 (Mexico);
73. To take appropriate legislative measures to exclude undocumented stay in Italy as an aggravating circumstance for the purposes of sentencing following a criminal conviction (Brazil);
74. To take appropriate measures to exempt public health and education officials of the obligation to report undocumented migrants seeking medical attention or educational services (Brazil);
75. To guarantee access to basic social services, including lodgings, hygiene, health and education, to all migrants and members of their families and, to that end, adhere immediately to the principles of the International Convention on the Rights of All Migrant Workers and Members of their Families, and consider its ratification in a favourable light (Mexico);
76. To take further measures to protect and integrate immigrants, asylum- seekers and persons belonging to minorities, including by carrying out investigations into violent attacks against such individuals (United Kingdom);
77. To increase the transparency of arrival and return procedures concerning immigrants and refugees (Japan);
78. To intensify efforts in the resettlement of refugees, especially with regard to the protracted refugee situations identified by UNHCR (Morocco);
79. To ensure the full enjoyment of human rights for those hoping to find a better life in Italy, especially by strengthening structures to guarantee the rights of migrants (Burkina Faso);
80. To strengthen respect for the human rights of migrants, including those in detention centres (Cuba);
81. To repeal all discriminatory laws against irregular migrants and take action to investigate and prosecute discriminatory acts by public and security officials, in particular where racial and religious motives are aggravating factors (Pakistan);
82. To continue close cooperation with countries of origin and transit in finding an effective solution to the problem of illegal immigration (Viet Nam);
83. To continue measures to end trafficking in human beings (Yemen); and to strengthen further its efforts to end trafficking in women and children, and to take effective measures to prosecute and punish trafficking in persons (Canada);
84. To increase measures to identify women and child victims of trafficking effectively in order to provide them with adequate assistance, and to consider not penalizing them for crimes committed as a direct result of being trafficked (Philippines);
85. To strengthen efforts to combat trafficking in women and children, and to take effective measures to prosecute and punish trafficking in persons, as raised by the Committee on the Rights of the Child and the Committee against Torture (Japan); and to take effective measures to prosecute and punish trafficking and the exploitation of persons, as recommended by the Committee against Torture (Israel);
86. To extend outreach and identification efforts to women and children in prostitution, to ensure that trafficking victims are identified, given care and not penalized for crimes committed as a direct result of being trafficked; to identify proactively potential trafficking victims among its undocumented immigrants; to continue to investigate and prosecute allegations of trafficking-related complicity; and to expand public awareness campaigns aimed at reducing domestic demand for commercial sex acts (United States);
87. To continue efforts in combating trafficking in persons, and in particular consider the possibility of elaborating comprehensive measures to reduce the demand for services of trafficked persons (Belarus);
88. To continue to allocate resources necessary for the implementation of projects to provide housing, food and temporary social assistance to victims of trafficking (Colombia);
89. To assess the situation and take measures to reduce pollution emissions from the Cerano coal power plant in Puglia and the Taranto metallurgical plant to ensure an adequate standard of living and health in those areas (Israel);
90. To increase official development assistance to the United Nations target of 0.7 per cent of GDP (Bangladesh);
91. To continue to intensify development aid programmes with the objective of reaching 0.7 per cent of GDP as established by the United Nations (Algeria);
92. To establish an effective and inclusive process to follow-up on universal periodic review recommendations, bearing in mind that the active participation of civil society is essential to a meaningful review process (Norway); and to consult with and involve civil society in the follow-up to the universal periodic review, including in the implementation of recommendations (United Kingdom).
85. All conclusions and/or recommendations contained in the present report reflect the position of the submitting State(s) and/or the State under review. They should not be construed as endorsed by the Working Group as a whole.
Annex
Composition of the delegation
The delegation of Italy was headed by H.E. Mr. Vincenzo Scotti, Vice-Minister of Foreign Affairs, and composed of 25 members:
• H.E.Ambassador Laura Mirachian, Permanent Representative, Geneva;
• Mr. Valentino Simonetti, Ministry of Foreign Affairs, President of Inter-ministerial Committee on Human Rights;
• Mr. Pasquale D’Avino, Deputy Permanent Representative, Geneva;
• Mr. Aldo Amati, Ministry of Foreign Affairs, Deputy Head of Press Service;
• Mr. Roberto Vellano, Italian Permanent Mission, First Counsellor;
• Mr. Massimo Darchini, Ministry of Foreign Affairs, Deputy Head of the Office of the Vice-Minister;
• Mr. Roberto Nocella, Italian Permanent Mission, First Secretary;
• Mr. Nico Frandi, Italian Permanent Mission, First Secretary;
• Mr. Filippo Cinti, Ministry of Foreign Affairs, Human Rights Division;
• Ms. Nadia Plastina, Ministry of Justice, Department of Legislative Affairs;
• Mr. Federico Falzone, Ministry of Justice, Department of the Penitentiary Administration;
• Ms. Alessandra Bernardon, Ministry of Justice, Department of the Penitentiary Administration;
• Mr. Maurizio Falco, Ministry of the Interior, Department of Civil Liberties and Immigration;
• Mr. Angelo Carbone, Ministry of the Interior, Department of Civil Liberties and Immigration;
• Ms. Maria Forte, Ministry of the Interior, Department of Public Security;
• Mr. Paolo Pomponio, Ministry of the Interior, Department of Public Security;
• Ms. Patrizia Vicari, Ministry of the Interior, Minister’s Cabinet;
• Ms. Gabriella Faramondi, Ministry of the Interior, Department of Civil Liberties and Immigration;
• Ms. Anna Piperno, Ministry of Education, University and Research, General Directorate on School Organization
• Ms. Germana Viglietta, Ministry of Labour and Social Policies, Directorate of Immigration;
• Mr. Vincenzo Mazzeo, Ministry of Labour and Social Policies, Directorate for Labour Inspection ;
• Mr. Michele Palma, Ministry for Equal Opportunities, Director of the Office for interventions in economic and social fields;
• Mr. Roberto Berardi, National Office against racial discrimination ;
• Ms. Cristiana Carletti, Ministry of Foreign Affairs, expert of the Inter-ministerial Committee on Human Rights;
• Ms. Maja Bova, Ministry of Foreign Affairs, expert of the Inter-ministerial Committee on Human Rights.