A/HRC/4/19/Add.4
page 9
movements or groups aiming to incite racial discrimination or hatred is prohibited. Also
prohibited are propaganda advocating racial or ethnic superiority or hatred, and instigation to
commit or the commission of discriminatory or violent acts on racial, ethnic, national or
religious grounds. The amendment introduced in February 2006 by the previous
Government to the Mancino Law7 mitigated the punishments attached to the foregoing
offences by reducing the initial maximum term of 3 years’ imprisonment to either a fine of
6,000 euros or 18 months’ imprisonment. The current Government has informed the Special
Rapporteur, however, that a proposal to restore the more severe punishments is under
examination. It has also removed the reservation introduced by the former Government that
impeded the adoption of a European Union (EU) Council framework decision aiming at the
introduction of criminal provisions common to all member States in relation to racist and
xenophobic offences.
12. Different institutions and mechanisms dealing with the fight against racism and
discrimination have been established: the Inter-Ministerial Committee on Human Rights (1978);
the Anti-Discrimination and Anti-Semitism Committee (2004), tasked with monitoring
regression with respect to forms of racism, intolerance, xenophobia and anti-Semitism; the
Territorial Immigration Councils, tasked at the municipal level with analysing the challenges of
integration and multiculturalism; and the Council for Italian Islam (2005) as an advisory body of
the Minister of the Interior examining the problems of immigrant communities of the Islamic
faith in particular. Especially relevant is the National Office for the Fight against Racial
Discrimination (Ufficio Nazionale Antidiscriminazione Razziale, UNAR) (2004), which
provides assistance to the victims of discrimination, including legal aid, launches prevention and
awareness-raising campaigns, promotes positive actions, and monitors the implementation of the
principle of equal treatment.8 During 2005, the Contact Centre of UNAR received more than
10,000 calls, 282 of which reported cases of direct or indirect discrimination or harassment on
the grounds of ethnic or racial origin. Thirty per cent of these cases related to discrimination in
the workplace, followed by complaints regarding housing, the police, public services and
companies, schools and education, public transport, the mass media, health, public life and
financial services. It was indicated that the prototype victim is an African man between 30
and 40 years old living in Italy for at least five years. As recognized by public officials, the
number of cases of racial discrimination registered by UNAR does not fully represent the reality
as illegal migrants are afraid to report their situation, including because they lack awareness
about UNAR legal assistance to victims.
7
8
Ibid.
UNAR was established by LD 215/2003. As defined in the UNAR 2005 report “One Year of
Activities Against Racial Discrimination”, its aim is “to foster the process of racial integration
within the social and demographic evolution of the country, which shows a growing number of
immigrants”.