Human trafficking: what changes under the new legislative decree

Next, there is a focus on enhanced safeguards for vulnerable individuals, in particular unaccompanied foreign minors. The decree prohibits their transfer to centres and reception facilities intended for adults and includes them amongst the beneficiaries of the assistance provided by services established by local authorities in collaboration with those responsible for managing and implementing the Single Programme for Identification, Assistance and Social Integration (Article 18 of the Consolidated Law on Immigration), through the development of a bespoke programme that guarantees adequate reception conditions and psychosocial, healthcare and legal assistance, as well as the provision of individual integration plans and long-term solutions, even beyond the age of 18.

In Article 5, the Legislative Decree emphasises the need to strengthen training programmes for practitioners and judges. As regards the former, the training programmes organised independently by the relevant authorities include ‘specific periodic and specialist training modules on issues relating to human trafficking’ for the public officials concerned and for all those who may come into contact with actual or potential victims of the phenomenon. As for the latter, the training guidelines proposed each year by the Ministry of Justice to the Higher School of the Judiciary include ‘initiatives aimed at understanding and combating human trafficking within the supranational and domestic legal framework’, aimed at facilitating the acquisition of skills useful for detecting offences (including those committed with the aid of technology), and protecting human rights and, in particular, victims forced to commit offences as a result of the unlawful acts they have suffered.

The reform measures also include an update to the compensation for victims of human trafficking. The amount is no longer a fixed sum (€1,500) but can be set within a range from €1,500 to €10,000, payable depending on the Fund’s availability and the number of applications received in the relevant year.

There are also changes to the time limits for processing applications for access to the Fund, which must now be submitted not within five but within two years of the conviction awarding compensation becoming final, or of a non-final judgement ordering the payment of provisional compensation. If the offender is eligible for legal aid, the time limit for submission is reduced to six months. In cases where the offender has not been convicted or is unknown, the time limit is also reduced from one year to six months.

With regard to legal aid, the decree amends Article 76 of the Consolidated Law on Immigration to include exploitation amongst the offences which, if committed against minors, entitle the victim to to legal aid (even regardless of income limits).

With regard to the liability of legal entities, however, Legislative Decree 231/2001 has been amended: the offence of exploitation is included in Article 25-quinquies, and the organisation is liable to a fine of between 100 and 600 euros, in addition to a disqualification order for a period of not less than six months.

As regards protective measures, the Legislative Decree highlights the role of the national anti-trafficking coordinator. This role falls to the Department for Equal Opportunities within the Prime Minister’s Office, which is therefore required to carry out a series of specific functions: specifically, these involve tasks relating to guidance and coordination with regard to social prevention measures and victim support; planning the financial resources to be allocated to assistance and social integration programmes; and organising the actions of the administrations, bodies and organisations involved in prevention, combating the phenomenon and providing protection.

Not only that: the Department is also responsible for assessing trends in human trafficking, using a monitoring system set up with the support of Istat and in collaboration with the relevant authorities and the free national emergency support service for victims. This range of tasks is, in a sense, summarised in the biennial report to be submitted to the EU Anti-Trafficking Coordinator on the results of the various checks.

To strengthen governance, the decree also establishes, within the Department , an inter-institutional steering group and a technical committee on combating human trafficking . And, last but not least, a free national emergency helpline for victims, available via a national telephone number and various digital channels 24 hours a day, with specialised, multilingual staff ready to provide support and guidance to those in need.

Article 8 amends Article 18 of the Consolidated Law on Immigration with regard to residence for reasons of social protection. The change lies in the fact that the residence permit may also be issued to victims involved in verified cases of human trafficking, as well as violence and exploitation.

That’s not all: are also eligible for support (including that provided under the Single Programme) regardless of where the exploitation took place, and in accordance with an approach that is ‘sensitive to the specific needs of women, people with disabilities and children’.

Finally, the adoption of the national ‘referral’ mechanism helps to streamline procedures; this facilitates the identification of victims from the very earliest stages of entry into the country, during the procedures for granting protection or a residence permit; to the reporting of suspected victims; and to the establishment, at local level, of multi-agency memoranda of understanding between public and private institutions and bodies involved in various capacities in combating the phenomenon, setting out objectives and lines of action.

Article 8 also focuses on strengthening the partnership between law enforcement and the international protection system. The legislation specifies that, where, in the course of the procedures provided for under the mechanism, evidence emerges suggesting that a foreign national has been or is still involved in incidents of trafficking, violence or serious exploitation, the bodies implementing the integrated programme must be informed so that they can take appropriate measures and notify the Chief of Police. This is a necessary step for the issue of a personalised certificate bearing an identity code, a photograph and the personal details provided by the holder, valid for a recovery and reflection period of 45 days.

A period during which no repatriation: the foreign national may reside in Italia and, upon expiry of this period, provided the requirements are met, will be issued with a residence permit by the Questore. If there are delays beyond their control and the process takes longer than expected, they may also begin working.

The latest measure concerns the definition of multi-year intervention strategies to curb the phenomenon, which also provide for measures to safeguard and integrate victims into society. This refers to the establishment of a Plan, to be drawn up at intervals of no more than five years by the National Anti-Trafficking Co-ordinator, with the assistance of the Technical Committee. The plan must include: prevention measures (awareness-raising and information campaigns and initiatives aimed at education and training); measures to help develop best practice for investigations and criminal proceedings; measures for inter-institutional and cross-border cooperation; and procedures to assess the implementation of the Plan itself.

The coordinator is also responsible for submitting, on an annual basis (by 31 December), to the European Commission statistical data relating to the number of recorded, identified or presumed victims (broken down by gender, age, nationality and forms of exploitation); the number of decisions to commit for trial or to dismiss proceedings in respect of the offences set out in Articles 600, 601 and 601.1 of the Criminal Code; the number of persons against whom a final conviction has been handed down for the offences under Articles 600 and 601 of the Criminal Code; the number of persons under investigation, charged or convicted of exploitation, again disaggregated by sex and age.

The figures, submitted to Istat by the relevant local authorities and competent bodies by 30 September each year, are then prepared for processing and submission to the national anti-trafficking coordinator. As a final step, the coordinator forwards them to Brussels.