CEDAW/C/76/D/122/2017
2.9 The author cites the conclusions in a report by the Group of Experts on Action
against Trafficking in Human Beings of the Council of Europe, 5 in which the Group
of Experts states that it is aware of the extreme difficulties that Italy is experiencing
owing to the unprecedented influx of migrants and refugees and praises the significant
efforts that the country has made to confront that challeng e with the help of
international organizations and civil society. In the report, which was prepared
following a visit made in September 2016, the Group of Experts revealed
shortcomings in the detection of trafficked persons among the migrants. It paid
particular attention to the situation of Nigerian women and girls, who had been
coming to Italy in increasing numbers, and of whom many were likely to have been
trafficked for purposes of exploitation in Europe. The Group of Experts expressed its
concern about the lack of early identification of such trafficked persons and about the
manner in which forced removals of trafficked persons to their countries of origin
were conducted. The Group of Experts urged the Italian authorities to improve the
identification of victims of trafficking among migrants and asylum seekers by setting
up clear, binding procedures and providing systematic training to immigration police
officers and staff working in primary assistance and reception centres.
2.10 The author also describes the situation in migrant shelters in Italy. Despite the
addition of extra spaces, a total breakdown of the reception system could be avoided
over the past two years only because large numbers of arriving migrants left the
State’s primary reception centres voluntarily, to evade the identification procedures
and the application of the Dublin III Regulation. 6 Moreover, although there are intake
procedures for asylum seekers, migrants have to wait weeks or even months before
they can submit their asylum applications and, during that time, they have no access
to accommodation. In addition, those who have been granted international protection
or humanitarian status must leave the reception centres. Investigations have
confirmed that even vulnerable persons, such as victims of torture, have no guarantee
of being housed in one of the centres for asylum seekers operated by the State and do
not have access to adequate support services. 7
2.11 The author also refers to a joint report by the Danish Refugee Council and the
Swiss Refugee Council on vulnerable persons transferred to Italy under the Dublin
III Regulation. Through six case studies, it is clearly demonstrated that persons
transferred to Italy face considerable difficulties, that they are at risk of having th eir
rights violated and that the manner in which families and vulnerable persons are
received by the Italian authorities is very arbitrary. 8
Complaint
3.1 The author claims that the State party would breach its obligations under articles
2 (d) and 6 of the Convention by sending her back to Italy.
3.2 The author argues that, under article 2 (d) of the Convention, the State
Secretariat for Migration, the Federal Administrative Court and the cantonal
authorities responsible for returning her to Italy are obliged to refrain from any act of
discrimination against women. The author refers to the Committee’s general
recommendation No. 32 (2014) on the gender-related dimensions of refugee status,
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5
6
7
8
4/16
Group of Experts on Action against Trafficking in Human Beings, “Report on Italy under rule 7
of the Rules of Procedure for evaluating implementation of the Council of Europe Convention on
Action against Trafficking in Human Beings”, 30 January 2017, GRETA(2016)29.
The author again cites the report by Médecins sans frontières, “Fuori campo”.
See International Rehabilitation Council for Torture Victims, “Falling through the cracks: asylum
procedures and reception conditions for torture victims in the European Union – IRCT Regional
Report 2016”, p. 30.
Danish Refugee Council and Swiss Refugee Council, “Is mutual trust enough? The situation of
persons with special reception needs upon return to Italy”, 9 February 2017.
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