A/HRC/4/19/Add.4
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47. In addition, civil society strongly agreed on the need to adopt a comprehensive law on
asylum separate from the one regulating immigration. They expressed concern that the appeal of
a rejected asylum-seeker did not suspend the individual’s expulsion, and considered insufficient
the existing measure by which, at the request of the asylum-seeker, the Prefect may grant
permission to stay in Italy until the court’s decision on the appeal. It was also said that in
practice the granting of refugee status seemed to be limited to certain nationalities, and that often
humanitarian protection was provided instead.
48. Civil society welcomed the attempt of the new Government to introduce new legislation on
citizenship. Concerns were nevertheless expressed regarding the linking of access to citizenship
by minors with the situation of their parents, in particular regarding income. The new law is said
to disregard the particular situation of Roma, who often lack legal documents and the minimum
income. Thus, they would continue to be excluded from the benefits of naturalization and
legalization exercises for unauthorized migrations.
D. Access of migrants to employment, health and housing
49. Civil society emphasized the existence of segregation in the labour market as well as
differences in treatment between indigenous and foreign citizens, reflected in poorer standards of
safety, lower wages and inferior types of contracts. While male migrants work mainly in the
building, metallurgical or agricultural sector, women migrants work mainly as caregivers and
domestic workers and are highly represented in the prostitution and sexual exploitation sector.32
50. A journalist of the newspaper L’Espresso, who pretended to be a Romanian immigrant and
worked in the agricultural sector for a week in Foggia (Puglia), publicized the slavery-like
conditions faced by legal and illegal migrants working in the agricultural sector, particularly in
Pulia, Campania, Calabria and Sicily.33 In Foggia, for which 1,600 permits for seasonal work
had been foreseen by ministerial decree in 2006, there are said to be 5,000-7,000 migrants
working under exploitative conditions. These male and female migrants come mainly from
Bulgaria, Poland, Nigeria, Niger, Mali, Burkina Faso, Uganda, Senegal, the Sudan and Eritrea
and are forced to work 16 hours a day for 15-20 euros (if paid), with no drinking water, little
food, and constant exposure to racist verbal abuse and battery from the gangmasters supervising
their work. There have been documented cases of death and severe battering of migrants
attempting to escape. As reported in L’Espresso, a Romanian migrant was severely beaten after
he was caught attempting to escape. After being left without medical assistance, he was finally
hospitalized for two weeks to recover from serious wounds and septicaemia. Allegedly, as a
result he was arrested for working illegally while the aggressors have not yet been brought to
justice. Moreover, women migrants are subjected to demands for sexual services for obtaining
and maintaining their jobs or the jobs of their male companions and are obliged to work long
hours even if they are pregnant.
32
The Merlin Law banned prostitution in brothels and mandated the registration of prostitutes
and compulsory medical treatment. It is the exploitation of prostitution which is punished by the
law. In 2003, trafficking in human beings was punished by Law No. 228/2003, covering all
forms of internal and cross-border trafficking for different types of exploitation.
33
http://espresso.repubblica.it/dettaglio/I%20was%20a%20slave%20in%20Puglia/1373950.