Committee on the Elimination of Racial Discrimination

Concluding observations on the twenty-first periodic report of Italy *

1.The Committee considered the twenty-first periodic report of Italy at its 2985th and 2986th meetings, held on 8 and 9 August 2023. At its 3006th and 3007th meetings, held on 23 August 2023, it adopted the present concluding observations.

A.Introduction

2.The Committee welcomes the submission of the twenty-first periodic reportof the State party and commends it for its regularity in reporting. The Committee welcomes the open and constructive dialogue with the delegation of the State party. The Committee thanks the State party for the updated information provided during and after the dialogue.

B.Positive aspects

3.The Committee welcomes the adoption of the following legislative and policymeasures by the State party:

(a)Law No. 47/2017 on measures for the protection of unaccompanied foreign minors;

(b)The National Integration Plan for Beneficiaries of International Protection (2022–2024);

(c)The National Roma and Sinti Equality, Inclusion and Participation Strategy (2021–2030) and the establishment of the National Roma, Sinti and Camminanti Platform and the Roma, Sinti and Camminanti Community Forum;

(d)The National Strategic Plan on Violence against Women (2021–2023), which includes refugee and asylum-seeking women as specific beneficiaries;

(e)The National Action Plan on Business and Human Rights (2016–2021), which includes a specific goal to address forced labour, labour exploitation, child labour and irregular work, with a particular focus on migrants and victims of trafficking in persons.

C.Concerns and recommendations

Statistics

4.While noting that the delegation of the State party provided some statistics on non-citizens and, to a limited degree, on people of African descent, the Committee remains concerned about the lack of comprehensive and updated data and statistics on the racial and/or ethnic composition of the population of the State party. The Committee regrets the lack of information on socioeconomic indicators disaggregated by ethnic origin, which remains an obstacle to the development of adequate policies and to the adoption of adequate measures to combat racial discrimination and effectively address inequalities in the enjoyment of the rights under the Convention (arts.1 and 5).

5. Recalling its previous recommendation and general recommendations No. 4 (1973) concerning reporting by States parties under article 1 of the Convention and No. 24 (1999) concerning article 1 of the Convention, the Committee recommends that the State party redouble its efforts to establish an effective mechanism and develop tools for data collection, compile information on the demographic composition of the population and its socioeconomic status disaggregated by ethnic group, gender, age and region, based on the principles of self-identification and anonymity, and provide this information in its next periodic report . The Committee also recommends that the State party use the data collected to evaluate and develop its policies to combat racial discrimination and inequalities in the enjoyment of the rights under the Convention.

Prohibition of racial discrimination

6.The Committee remains concerned that not all the grounds specified in article 1 of the Convention, in particular colour, descent and national or ethnic origin, have been incorporated into the legal framework to combat racial discrimination in the State party (art.1).

7. The Committee recommends that the State party include in its anti ‑ discrimination legal framework a clear definition of racial discrimination, making sure that all the grounds specified in article 1 of the Convention are explicitly mentioned and that direct, indirect and intersecting forms of discrimination are prohibited in both the public and the private spheres.

National human rights institution

8.While the Committee notes the information provided by the delegation of the State party on the status of the draft legislation on the establishment of a national human rights institution, it remains concerned at the limited progress made despite it having been under consideration by the State party for several years (art. 2).

9. The Committee reiterates its previous recommendation and urges the State party to adopt the draft law in order to establish a national human rights institution in full compliance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles), ensuring that the institution is provided with adequate human, financial and technical resources to enable it to discharge its mandate effectively and independently. The Committee refers the State party to its general recommendation No. 17 (1993) on the establishment of national institutions to facilitate the implementation of the Convention.

Policy and institutional framework for combating racial discrimination

10.While welcoming the information provided on the development of a new national plan against racism, xenophobia and intolerance, the Committee regrets the lack of information from the State party on the practical impact and assessment of its previous plan against racism. The Committee notes the measures adopted to strengthen the budgetary autonomy of the National Office against Racial Discrimination and to improve the process for selecting its director. However, the Committee reiterates its concern regarding the Office’s lack of independence, given that it remains part of the Office of the Prime Minister (art. 2).

11. The Committee reiterates its previous recommendation and urges the State party to take the measures necessary to ensure the independence of the National Office against Racial Discrimination, in law and practice, so that it can effectively discharge its mandate as a national equality body, in particular its mandate to combat racial discrimination. The Committee recommends that the State party step up its efforts to develop and adopt, in consultation with the groups most exposed to racial discrimination, the new national plan against racism, xenophobia and intolerance. The Committee also recommends that the State party ensure the allocation of adequate resources for the implementation of the plan and establish a mechanism to assess and monitor its implementation.

Racist hate speech and hate crimes

12.The Committee remains concerned about the persistent and increasing use and normalization of racist hate speech against persons from ethnic minorities in the media and on the Internet. The Committee notes with concern the use of racist political discourse by politicians, including members of the Government and other high-level public officials, against persons from ethnic minorities, in particular Roma, Sinti and Camminanti and Africans and people of African descent, and against migrants, asylum-seekers and refugees. The Committee is concerned that the increasing use of racist speech, including racist stereotypes, in public discourse is leading to a proliferation of racist hate incidents. In this regard, the Committee notes with serious concern the increasing number of reports of racist hate crimes, including acts of verbal and physical violence against persons from ethnic minorities, sometimes resulting in death, in particular against persons belonging to Roma, Sinti and Camminanti communities, people of African descent and non-nationals (arts. 2 and4).

13. Recalling its general recommendation No. 35 (2013) on combating racist hate speech and reiterating its previous recommendations, the Committee urges the State party:

(a) To adopt effective measures to prevent and combat hate speech, including by ensuring the effective application of its legislation on combating hate speech and incitement to racial discrimination in order to prevent, punish and deter all manifestations of racism, including in the media and on the Internet;

(b) To ensure that all incidents of hate speech are effectively investigated and prosecuted and that those found guilty are punished, regardless of their official status, and, in its next periodic report, provide information on the numbers of reported cases of hate speech and of any resulting prosecutions, convictions and awards of compensation to victims;

(c) To ensure that all racially motivated crimes, including verbal and physical violence, are investigated, that perpetrators are prosecuted and punished and that motives based on race, colour, descent or national or ethnic origin are considered to be an aggravating circumstance when imposing punishment for a crime;

(d) To continue to provide training to law enforcement officials and carry out targeted awareness-raising campaigns to prevent and combat racist hate crimes and hate speech, including among politicians;

(e) To ensure that public authorities, including high-level public officials, distance themselves from hate speech and formally and publicly reject and condemn hate speech and the dissemination of racist ideas.

Discrimination against Roma, Sinti and Camminanti

14.The Committee remains concerned about the persistent and widespread structural discrimination against Roma, Sinti and Camminanti communities, who continue to face social exclusion and marginalization preventing them from fully enjoying all their rights under the Convention. The Committee is concerned in particular that:

(a)Roma, Sinti and Camminanti communities have limited opportunities to participate in the development, implementation and evaluation of the measures adopted to address their situation, including the National Roma and Sinti Equality, Inclusion and Participation Strategy (2021–2030);

(b)Roma, Sinti and Camminanti communities continue to live in precarious conditions in segregated settlements, without access to basic social services;

(c)Forced evictions of Roma, Sinti and Camminanti communities living in informal settlements are still a persistent practice and are often carried out without giving prior notice, offering alternative accommodation or taking into account the specific needs of the persons concerned, in particular children, older persons and pregnant women (arts. 2 and5).

15. Recalling its general recommendation No. 27 (2000) on discrimination against Roma and its previous recommendations, the Committee urges the State party:

(a) To ensure the effective implementation of the National Roma and Sinti Equality, Inclusion and Participation Strategy (2021–2030), including by allocating adequate human, technical and financial resources, with the participation of the communities concerned;

(b) To adopt appropriate and effective measures to end segregation in housing, provide access to adequate housing, including through equal access to social housing and housing benefits, and improve living conditions for Roma, Sinti and Camminanti communities, on the basis of comprehensive and genuine consultation with the communities and individuals concerned;

(c) To adopt effective measures to prevent forced evictions of Roma, Sinti and Camminanti communities and, when such evictions are absolutely necessary, ensure that the families and individuals affected are provided with adequate alternative housing and compensation.

Situation of migrants, asylum-seekers and refugees

16.While recognizing the challenges faced by the State party in providing adequate protection for migrants, asylum-seekers and refugees, the Committee is concerned about legislation recently adopted by the State party, in particular Law No. 132/2018 of 1 December 2018, on immigration and security, and Law No. 50/2023 of 6 May 2023, known as the “Cutro law”, which provide for a reduction in protection for migrants, asylum-seekers and refugees, making them more vulnerable to human rights violations, in particular violations of their rights to life and security. The Committee is concerned in particular about:

(a)The difficulties faced by migrants and asylum-seekers in accessing refugee and international protection determination procedures, which are exacerbated by abuses by police and border control officials;

(b)The lack of adequate mechanisms to identify those with special needs;

(c)The deplorable living conditions in reception centres for migrants and the further reduction in the availability of psychological and legal services and counselling;

(d)The drastically reduced scope for granting “special protection status”, which further restricts protections for some categories of migrants and asylum-seekers;

(e)The extensive practice of detaining migrants and asylum-seekers in retention centres for long periods and the practice in the hotspots – for which there is no clear legal basis – of not allowing migrants to leave the facilities, which may amount to de facto detention and to a disproportionate restriction of the right to personal liberty under the Convention;

(f)Incidents of collective expulsion of migrants and further risk of collective expulsions (arts. 2 and 5).

17. Recalling its previous recommendations and its general recommendation No. 30 (2005) on discrimination against non-citizens, the Committee urges the State party:

(a) To t ake all measures necessary to combat discrimination against migrants, asylum-seekers and refugees in the State party and ensure the protection of their right to life, security and physical integrity;

(b) To ensure that, in practice, migrants and asylum-seekers are effectively able to apply for international protection and referred to asylum authorities and refugee status determination procedures;

(c) To ensure that refugee status determination procedures take into consideration, without discrimination, persons in need of international protection and offer sufficient guarantees of respect for the principle of non-refoulement;

(d) To ensure that asylum-seekers and migrants in an irregular situation have effective access to accommodation, adequate living conditions, psychological and legal services and counselling;

(e) To ensure that immigration detention is applied only as a measure of last resort and for the shortest possible period, after an assessment of its legality, necessity and proportionality on a case-by-case basis;

(f) To take adequate measures to put an end to the practice of de facto detention of migrants;

(g) To assess its migration legislation, in particular Law No. 132/2018 and Law No. 50/2023, with a view to repealing all provisions that are not in compliance with international human rights principles and are not proportionate in the light of the objectives and purposes of the Convention;

(h) To take measures to guarantee compliance with the prohibition of refoulement and the prohibition of collective expulsion;

(i) To provide training to law enforcement officials and authorities working on migration in order to raise awareness of the impact of racial biases on their work and thereby ensure that they perform their functions in a non-discriminatory manner.

Restrictions on humanitarian work

18.The Committee notes with concern the information provided about the legal restrictions that have been adopted in relation to search and rescue operations at sea, which may prevent organizations and individuals from carrying out human rights and humanitarian work with migrants, asylum-seekers and refugees. The Committee is concerned about information indicating that human rights defenders and members of civil society organizations working on the protection of migrants are increasingly subjected to intimidation and harassment, in some cases including criminal investigations opened against them for the provision of assistance to migrants in distress (art.5).

19. The Committee urges the State party to repeal the provisions that restrict the activities of organizations and individuals that carry out humanitarian work for and operations to rescue migrants and to ensure that human rights defenders and humanitarian workers can freely exercise their functions. The Committee recommends that the State party adopt all measures necessary to protect human rights defenders, in particular those working on the rights of groups protected under the Convention, with a view to enabling them to carry out their work without fear of harassment or reprisals of any sort.

Migrant workers

20.The Committee notes the measures adopted by the State party to combat labour exploitation, including the adoption of the Italian national action plan to tackle labour exploitation, unlawful recruitment and forced labour in agriculture (2020–2022). However, the Committee remains concerned that a significant number of migrants, in particular those in an irregular situation who are working in the agricultural sector, continue to be victims of abuse and exploitation at work. The Committee is concerned about the lack of opportunities to improve the skills of migrant workers who are compelled to perform manual tasks (arts. 2 and 5).

21. The Committee reiterates its previous recommendations and urges the State party:

(a)To ensure the effective implementation of its legislation aimed at combating undeclared work and labour exploitation in agriculture (known as the “law on caporalato”);

(b) To continue its efforts to strengthen the capacity of the National Labour Inspectorate and ensure that, in all cases, labour exploitation of migrants is thoroughly investigated and those responsible punished;

(c) To ensure that all migrants have access to justice and effective remedies in the event of labour exploitation, without fear of arrest, detention or deportation;

(d) To ensure that migrants in an irregular situation can engage in income ‑ generating activities that provide them and their families with a decent standard of living;

(e) To adopt adequate measures to support migrant workers to enhance their skills, including through vocational training.

Statelessness

22.The Committee remains concerned about the number of stateless persons in the State party, including among members of Roma, Sinti and Camminanti communities, and about the lack of a national plan for the reduction of statelessness. Furthermore, the Committee is concerned that recognized stateless persons experience difficulties with regard to the enjoyment of their rights and, in particular, access to basic services (arts. 2 and 5).

23. The Committee recommends that the State party adopt the measures necessary to prevent and reduce statelessness, including among Roma, Sinti and Camminanti communities, and ensure the adequate promotion and protection of the rights of stateless persons. The Committee also recommends that the State party improve the procedure for identifying and measures for protecting stateless persons, including through the adoption of a comprehensive legal framework on statelessness determination and on the protection of stateless persons and the development of a national plan for the reduction of statelessness.

Right to education

24.The Committee is concerned that children from Roma, Sinti and Camminanti communities, children of African descent and children from migrant communities reportedly continue to face discrimination in the education system. The Committee is also concerned about the high dropout rate among migrant children in schools (arts. 2 and 5).

25. The Committee recommends that the State party enhance its efforts to ensure access to education for all children without discrimination, in particular children belonging to ethnic minorities, such as Roma, Sinti and Camminanti communities, as well as children of African descent and children from migrant communities. The Committee also recommends that the State party take adequate measures to address the school dropout rate, which is disproportionately high among migrant children. The Committee encourages the State party to evaluate the National Project for the Inclusion and Integration of Roma, Sinti and Camminanti Children with a view to its extension.

Right to health

26.The Committee notes with concern that members of Roma, Sinti and Camminanti communities and migrants and asylum-seekers continue to face barriers to their enjoyment of the right to health, in particular with regard to access to health-care services. The Committee also notes with concern that the limited availability of abortion services owing to conscientious objections on the part of health-care personnel may disproportionately affect the sexual and reproductive rights of women from ethnic minorities and migrant women (arts.2 and 5).

27. The Committee recommends that the State party continue its efforts to ensure that persons from ethnic minorities, including Roma, Sinti and Camminanti, and migrants have adequate access to health-care services and take the measures necessary to ensure that women belonging to ethnic minorities have access to sexual and reproductive health-care services and information.

Racial discrimination in sport

28.The Committee notes that the State party has adopted measures, including under Law No. 205/1993 and the Sports Justice Code, to combat racial discrimination, including hate speech in sport. The Committee is, however, concerned that racist acts, including physical and verbal attacks against athletes of African descent, continue to take place at sports events in the State party and that legal proceedings to punish those responsible are not initiated (art.4).

29. The Committee recommends that the State party take measures to ensure that its initiatives to fight racial discrimination in sport are fully implemented and that their impact is evaluated. The Committee also recommends that all cases of racist abuse in sport are investigated and that those responsible are punished. The Committee further recommends that the State party develop robust and meaningful awareness-raising programmes to tackle racial stereotyping and discrimination in sport, with the participation of the communities concerned.

Discrimination against people of African descent

30.The Committee remains concerned about the persistence of discrimination against Africans and people of African descent, including acts of violence, hate speech, stigmatization and harassment. The Committee notes with concern that racial discrimination against people of African descent perpetuates deep inequalities in the enjoyment of the rights under the Convention (arts. 2 and 5).

31. Recalling its previous recommendations and its general recommendation No. 34 (2011) on racial discrimination against people of African descent, the Committee recommends that the State party adopt targeted measures to combat discrimination against Africans and people of African descent, including measures to combat negative stereotypes about and the stigmatization of people of African descent. The Committee also recommends that the State party develop and implement educational and media campaigns to educate the public about people of African descent, their history and culture and the importance of building an inclusive society, while respecting the human rights and identity of all people of African descent.

Access to justice

32.The Committee regrets that the State party did not provide updated information on the number of complaints and cases of racial discrimination that have been duly investigated and prosecuted. The Committee notes with concern reports indicating that cases of racial discrimination remain unreported, owing in part to the low level of trust on the part of victims of racial discrimination in the relevant authorities (arts. 2 and 6).

33. The Committee reiterates its previous recommendations and urges the State party:

(a) To establish an independent, transparent and accessible reporting mechanism for incidents of racial discrimination, including cases of racist hate speech and hate crimes, in consultation with the groups that are most exposed to racial discrimination;

(b) To adopt appropriate and effective measures to ensure that all victims of racial discrimination have access to effective legal remedies and adequate reparations;

(c) To establish a system to collect disaggregated data on cases of racial discrimination, including on actions taken in the administration of justice;

(d) To strengthen the training of law enforcement officials so that they can properly examine and effectively investigate cases of racial discrimination and prevent and punish reprisals against anyone who reports acts of racial discrimination;

(e) To undertake campaigns to make rights holders aware of their rights, the available remedies and the legal regime for protection against racial discrimination.

Racial profiling and excessive use of force by law enforcement officials

34.The Committee is concerned that, according to numerous reports, racial profiling is widely used by law enforcement officials in the State party. The Committee notes with concern the use of facial recognition systems by law enforcement agencies, which may disproportionately affect persons from certain ethnic groups, such as Roma, Sinti and Camminanti and Africans and people of African descent, and migrants and can result in racial discrimination. In addition, the Committee is concerned about the reportedly high number of cases of racist abuse and ill-treatment, including the excessive use of force against persons from ethnic minorities, in particular Roma, Sinti and Camminanti and Africans and people of African descent, and against migrants by law enforcement officials (arts.2 and 5).

35. Recalling its general recommendation No. 31 (2005) on the prevention of racial discrimination in the administration and functioning of the criminal justice system and general recommendation No. 36 (2020) on preventing and combating racial profiling by law enforcement officials, the Committee recommends that the State party:

(a) Include in its legislation a prohibition of racial profiling and ensure that the police and other law enforcement officials are provided with clear guidelines aimed at preventing racial profiling during police checks, identity checks and other police measures;

(b) Take the measures necessary to ensure transparency in the use of algorithmic profiling systems by law enforcement agencies and ensure that their use does not undermine the principle of non-discrimination and the right to equality before the law;

(c) Establish an effective mechanism to regularly collect and monitor disaggregated data on practices and complaints relating to racial profiling, racial discrimination and instances of racist violence by law enforcement officials, including in the context of identity checks, traffic stops and border searches;

(d) Effectively and expeditiously investigate all incidents of racial profiling, racist abuse, ill-treatment and excessive use of force by law enforcement agencies and ensure that those responsible are prosecuted and, if convicted, receive the appropriate penalties;

(e) Ensure that members of groups at risk of racism and racial discrimination who are victims of excessive use of force or racial profiling by law enforcement officials have access to effective remedies and adequate compensation and do not face retaliation for reporting such acts;

(f) Promote ethnic diversity within the police and ensure that police officers belonging to targeted minority groups are able to work on the front line in order to help reduce racism and discriminatory practices, including racial profiling;

(g) Take effective measures to prevent the excessive use of force, ill-treatment and abuse of authority by the police against members of minority groups, including by ensuring that appropriate human rights training is provided to law enforcement officials throughout the country, in accordance with the Committee’s general recommendation No. 13 (1993) on the training of law enforcement officials in the protection of human rights.

Combating prejudice

36.While the Committee notes the information provided by the State party on activities carried out to combat racism and xenophobia, it is concerned that racial and xenophobic prejudices towards and stereotypes about persons from ethnic minorities, such as Roma, Sinti and Camminanti, Africans and people of African descent and people of Arab origin, and migrants remain prevalent in the State party. The Committee notes with regret that the history of the State party with regard to colonialism and slavery is not included in school curricula. That absence is especially concerning considering that the legacy of the past continues to contribute to disparities and inequities in the State party and to fuel racism and racial discrimination (art.7).

37. The Committee recommends that the State party increase its efforts to raise public awareness of the importance of ethnic and cultural diversity and the fight against racial discrimination. The Committee also recommends that the State party take measures to ensure that human rights education programmes , including programmes on the fight against racial discrimination and racism, respect for diversity and the promotion of equal treatment, are included in school curricula at all levels and to ensure that all teachers are trained on these subjects. The Committee further recommends that, in those curricula, the State party include the history of the State party with regard to colonialism and slavery and their lasting consequences.

D.Other recommendations

Ratification of other treaties

38. Bearing in mind the indivisibility of all human rights, the Committee encourages the State party to consider ratifying those international human rights treaties that it has not yet ratified, in particular treaties with provisions that have direct relevance to communities that may be subjected to racial discrimination, including the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

Amendment to article 8 of the Convention

39. The Committee recommends that the State party accept the amendment to article 8 (6) of the Convention adopted on 15 January 1992 at the fourteenth meeting of States parties to the Convention and endorsed by the General Assembly in its resolution 47/111.

Follow-up to the Durban Declaration and Programme of Action

40. In the light of its general recommendation No. 33 (2009) on follow-up to the Durban Review Conference, the Committee recommends that , when implementing the Convention in its domestic legal order, the State party give effect to the Durban Declaration and Programme of Action, adopted in September 2001 by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, taking into account the outcome document of the Durban Review Conference, held in Geneva in April 2009 . The Committee requests that the State party include in its next periodic report specific information on action plans and other measures taken to implement the Durban Declaration and Programme of Action at the national level.

International Decade for People of African Descent

41. In the light of General Assembly resolution 68/237, in which the Assembly proclaimed 2015–2024 the International Decade for People of African Descent, and Assembly resolution 69/16 on the programme of activities for the implementation of the Decade, the Committee recommends that the State party prepare and implement a suitable programme of measures and policies in collaboration with organizations and peoples of African descent. The Committee requests that the State party include in its next report precise information on the concrete measures adopted in that framework, taking into account its general recommendation No. 34 (2011) on racial discrimination against people of African descent.

Consultations with civil society

42. The Committee recommends that the State party continue consulting and increasing its dialogue with civil society organizations working in the area of human rights protection, in particular those working to combat racial discrimination, in connection with the preparation of the next periodic report and in follow-up to the present concluding observations.

Dissemination of information

43. The Committee recommends that the State party’s reports be made readily available and accessible to the public at the time of their submission and that the concluding observations of the Committee with respect to those reports be similarly made available to all State bodies entrusted with the implementation of the Convention, including municipalities and local authorities, and be publicized on the website of the Ministry of Foreign Affairs in the official and other commonly used languages, as appropriate.

Common core document

44. The Committee encourages the State party to update, if necessary, its common core document, which dates to 8 June 2016, in accordance with the harmonized guidelines on reporting under the international human rights treaties, in particular those on the common core document, as adopted at the fifth inter-committee meeting of the human rights treaty bodies, held in June 2006. In the light of General Assembly resolution 68/268, the Committee urges the State party to observe the limit of 42,400 words for such documents .

Follow-up to the present concluding observations

45. In accordance with article 9 (1) of the Convention and rule 65 of its rules of procedure, the Committee requests the State party to provide, within one year of the adoption of the present concluding observations, information on its implementation of the recommendations contained in paragraphs 15 (c) (discrimination against Roma, Sinti and Camminanti ), 17 (c)–( i ) (situation of migrants, asylum-seekers and refugees) and 21 (d) and (e) (migrant workers) above.

Paragraphs of particular importance

46. The Committee wishes to draw the attention of the State party to the particular importance of the recommendations contained in paragraphs 13 (racist hate speech and hate crimes), 31 (discrimination against people of African descent) and 35 (racial profiling and excessive use of force by law enforcement officials) above and requests the State party to provide detailed information in its next periodic report on the concrete measures taken to implement those recommendations.

Preparation of the next periodic report

47. The Committee recommends that the State party submit its combined twenty ‑ second and twenty-third periodic reports, as a single document, by 4 February 2027, taking into account the reporting guidelines adopted by the Committee during its seventy-first session and addressing all the points raised in the present concluding observations. In the light of General Assembly resolution 68/268, the Committee urges the State party to observe the limit of 21,200 words for periodic reports.