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TITLE: ITALY HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
ITALY
Italy is a democratic, multiparty republic with a parliamentary
system of government. Legislative power is vested in the
Parliament, which is directly and freely elected on the basis
of universal adult suffrage. Executive authority is vested in
the Council of Ministers, headed by the President of the
Council (the Prime Minister). Italy's judiciary is independent
of the executive although subject to occasional political party
interference.
Terrorist violence of both the left and the right remained at
low levels, though organized crime elements continued to use
terrorist tactics. Bomb attacks in May and July in Florence,
Milan, and Rome, which appeared to be aimed more at symbols of
Italian culture than at people, killed a total of 10 persons.
At year's end one official of the disbanded Italian
Intelligence Service SISDE was under arrest along with three
others in connection with bombing attempts.
Starting in 1992--with the beginning of nationwide judicial
investigations into kickbacks and corruption over public
contracts and the concomitant weakening of the traditional
political parties--the judiciary has been under less political
party pressure than in the past. However, human rights groups
and others criticized the extensive use of preventive detention
for persons accused of corruption.
Italy has an industrialized market economy. Although heavy
government ownership of the primary industrial sectors
persists, the Government and Parliament have moved forward on
privatization, now well underway. In 1993 economic growth was
slightly negative, with unemployment at over 11 percent, though
inflation was held to less than 5 percent. Once dynamic small
and medium-sized firms were seriously hit by economic recession.
Worker rights are generally respected and the Government openly
addresses human rights issues which arise. The Government
consistently condemned sporadic acts of violence and
discrimination aimed at ethnic or religious minorities. Italy
continued to experience a substantial influx of third-world and
eastern European immigrants; public attention continued to
focus on the problem of racism.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
Neither government forces nor legal opposition organizations
engaged in politically motivated killings. However, in
September a 10-year-old Gypsy was killed in a carabinieri
station shortly after his arrest, reportedly as a result of a
scuffle over an officer's weapon. An investigation was
launched but no conclusion had been announced by year's end.
In March an Iranian opposition leader was shot dead in Rome.
No assailants had been arrested for this offense at year's end.
An official of SISDE, along with three accomplices, two of whom
are from organized crime families, were arrested on the charge
of placing a fake bomb on a train; government authorities are
examining possible links with other bombing attempts.
b. Disappearance
There were no cases of politically motivated disappearances or
kidnapings.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Freedom from torture is provided for by law and respected in
practice. Cruel and degrading punishment is forbidden by law.
There were credible reports, however, that detainees and
prisoners were abused during police interrogation in several
cases. The most common forms of alleged ill-treatment were
repeated kicks and punches and prolonged beatings with batons.
There were also complaints of severe overcrowding, poor
sanitation, and inadequate medical assistance. A May 1993
report by Amnesty International (AI) denounced an increase in
alleged ill-treatment of prisoners by prison guards, noting
that "sharply deteriorating living conditions and increased
detention" in jails also may have played a role. According to
AI, the Government replied to only one of its requests for an
inquiry into the alleged maltreatment. In its reply, the
Government denied there had been any ill-treatment of prisoners
and noted that there might have been "misunderstandings" over
the "special treatment" of and the "severe restrictions" for
Mafia-related convicts.
Those perpetrating ill-treatment of detainees and prisoners
rarely have been the object of disciplinary proceedings.
On December 15, 1992, a group of lawyers presented a report to
the Naples Public Prosecutor about allegations of "systematic
beatings and gratuitous ill-treatment" being inflicted on
inmates of Secondigliano Prison by prison guards and requested
an immediate judicial inquiry. The Deputy Public Prosecutor
led a judicial inquiry which included a nighttime visit to the
prison on January 28, during which a number of prisoners
bearing signs of physical injury were reportedly seen. On
February 18, the Parliamentary Committee for Prison Affairs
conducted a visit of inspection of the prison. On April 26,
the commandant of the prison guards at the prison and five
superintendents were suspended from duty for a preliminary
period of 2 months in connection with possible criminal
charges, including abusing their authority, striking prisoners,
and giving false testimony. The commandant was suspected of
having instigated the beating of inmates by prison guards and
of opening the prisoners' outgoing mail and threatening them
with further violence if they failed to remove passages
referring to their alleged ill-treatment. The charges were
ultimately dropped. At the end of April, an additional 60 to
70 guards were reportedly under judicial investigation in
connection with the ill-treatment of prisoners. Here, too, the
charges were dropped. On November 16, the director of a jail
in the northern city of Pavia was suspended from duty and
committed to trial on charges of having placed in isolation a
detainee for whom a medical doctor had instead recommended
hospitalization. His trial is scheduled for mid-January.
At the end of August, the jail population reached 52,320
persons, more than a 10-percent increase over 1992 and
approximately a 100-percent increase over 1991. The increase
was due partly to more efficacious police operations and partly
to the slowness of the Italian judicial system. The capacity
of penal facilities, however, has remained the same. Some
prisons had populations double or triple their capacity.
According to the Justice Ministry, from January through
October, 49 inmates committed suicide, compared to a total of
47 suicides in 1992 and 29 in 1991. Protests against
overcrowding sparked hunger strikes in jails nationwide in May,
July, and November.
In August the Government passed legislation aimed at reducing
the jail population by making it easier for certain categories
of offenders to receive house arrests or other alternative
sentences. Also in August, the Government dedicated
approximately $90 million at the then prevailing exchange rate
(150 billion lira) to complete the building of new jails.
Authorities are in the process of separating less serious
offenders from other prisoners in existing facilities. Felony
offenders and high-risk prisoners such as Mafiosi are held in
high-security wings of regular jails. The Government permits
independent monitoring of prison conditions, under the
supervision of jail directors, by parliamentarians, local human
rights groups, the media, and other organizations.
d. Arbitrary Arrest, Detention, or Exile
Police procedures are controlled by law and judicial
oversight. Arbitrary arrest is not practiced. Anyone detained
by the authorities must be charged within 48 hours, except for
Mafia-related suspects who may be charged "as soon as
possible." Italy does not have a system of bail. Judges may
grant provisional liberty to persons awaiting trial; this
occurs frequently. The law imposes broad time limits on
pretrial investigative or preventive detention, which includes
detention in connection with one specific offense prior to the
conclusion of all appeals. Preventive detention is implemented
to prevent a suspect from fleeing or destroying evidence while
authorities investigate and is not permitted for minor
offenses. In normal criminal cases, the maximum permissible
duration of preventive or investigative detention is 4 years,
with no more that 2 years at each step of the trial during the
appeals process. The Government moved to extend the total
period to 6 years for defendants accused of Mafia-related
crimes. Preventive detention is sometimes longer than the
penalty for the crime; restitution for unjust detention is
provided for in the Constitution and in law.
In practice, pretrial detention is extended when the accused,
already being held without bail on specific charges, is charged
with additional offenses. This has often been the case during
judiciary proceedings connected to kickbacks and corruption
over government contracts (widely known as "clean hands"
proceedings), which started in Milan in February 1992 and have
since spread throughout the country. Politicians of all
parties as well as officials of private and public companies
have been implicated.
Each offense with which "clean hands" defendants are charged
allows a maximum preventive custody of 3 months. Since most of
the defendants are charged with more than one offense, some
have remained in jail for longer than 3 months. In early 1993,
the Italian League of Human Rights published a warning by a
French human rights expert regarding the potential for abuse of
this provision. In July, following the suicide of a "clean
hands" detainee, there was considerable public criticism,
though not from human rights groups, of the extensive use of
preventive detention for those accused of such offenses. On
December 1, Parliament voted to ask the Government to revise
the law on preventive custody to avoid accumulation of charges
against defendants and the consequent extension of the terms of
pretrial custody. This revision had not been implemented at
year's end.
According to official figures of the Justice Department,
defendants awaiting trial comprise 50 percent of the total jail
population; those awaiting their first trial comprise 29
percent of the total jail population. Because of chronic
understaffing in the judiciary, police, and clerical staff, and
lack of office space, equipment, and training courses, the
average waiting period for trials is about 18 months but can
exceed 24 months. Thus, despite the judiciary's efforts to
extend the periods of preventive custody in order to keep a
prisoner in jail until the beginning of the trial, many
defendants are released before the proceedings start.
Arrest warrants are issued by investigating judges. People
held in detention are allowed prompt and regular access to
lawyers of their choosing. If detainees are indigent, a lawyer
is provided by the State. Normally, people held in detention
are also allowed prompt and regular access to family members.
However, defendants charged with more serious offenses,
including Mafia-related crimes, are allowed regular but limited
contacts with their families. As a safeguard against possible
abuses involving unjustified detention, "liberty tribunals" are
empowered to review available evidence in cases of persons
awaiting trial and to decide whether continued detention is
warranted. Judges in "liberty tribunals" are drawn from the
normal courthouses but only review cases involving the
detention of prisoners.
Exile abroad as a form of punishment is not practiced. In July
Parliament passed a bill that negates the possibility of
domestic exile.
e. Denial of Fair Public Trial
A fair and public trial is assured by law and broadly observed
in practice. Counsel is provided for the accused, free of
charge if necessary. Good faith efforts are made to guarantee
due process rights. Nevertheless, trial procedures are often
cumbersome; trials frequently last years.
A revised Code of Criminal Procedure which entered into force
in 1989 sought to streamline the process. The Code provides
for a more adversarial system designed to promote speedier
trials. Initial unfamiliarity with the new system on the part
of judicial authorities created bureaucratic problems,
increased delays, and further increased existing backlogs, yet
to be fully cleared. In addition, parts of the new criminal
code did not prove workable and are slowly being amended by
Parliament to restore time-saving devices of the old code, such
as admitting pretrial testimony.
All court cases may be appealed to the highest appellate court,
the Court of Cassation. There are no political or security
courts or political prisoners. The judiciary is formally
autonomous and independent of the executive. Nonetheless,
before the start of the "clean hands" judicial proceedings in
1992, there was a broad perception that magistrates were
subject to political influence and that the political views of
certain judges affected proceedings. Since the start of the
"clean hands" investigations, magistrates have increasingly
disengaged themselves from traditional pressure by political
parties and are investigating members of all parties for
kickbacks, corruption, and reception of stolen goods.
Over 25 magistrates so far have come under investigation on
suspicion of links with the Mafia; the list continues to grow.
One judge of the Supreme Court of Cassation, who for 6 years
overruled a total of 400 verdicts of the lower courts for
alleged technical errors in reaching judgments in Mafia trials,
was placed under investigation by the Superior Magistrates
Council (CSM) in September 1992. In March 1993, the office of
the Palermo public prosecutor began judicial investigations
against him for ties with organized crime; in April he was
suspended from office. In December 1992, a Sicilian judge
committed suicide because of suspicion of collusion with the
Cosa Nostra. In May 1993, the Naples judiciary arrested a
judge with ties with the Camorra (a criminal organization); he
was the first judge to be arrested on such charges.
Several sitting and former judges and other magistrates in
Bari, Milan, Florence, Perugia, and throughout Sicily are under
judicial investigation or under suspension in connection with
antiorganized crime cases or as part of proceedings in the
"clean hands" corruption scandals. In December the Justice
Minister started disciplinary proceedings against 21
magistrates belonging to Masonry lodges for "incompatibility
with the impartial behavior required by their position." He
also asked the CSM to transfer these judges. The judiciary in
the southern city of Palmi is investigating several other
judges for Masonic association.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The concept of the privacy of the home is safeguarded legally
and respected by the authorities. Searches and electronic
monitoring may be carried out only under judicial warrant and
in carefully defined circumstances.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Free speech and a free press are assured by law and observed in
practice. Publications are free from government control and
present views across the political spectrum without
censorship. Under Italian law, publications may be seized for
violation of obscenity laws or for defamation of state
institutions. These powers are seldom invoked; they have not
been used in the past several years.
In addition to government-run radio and television, many
private radio stations operate. The political views of these
stations differ widely. A lively political debate over the
issue of media regulation reflects public concern over the
potential for monopolistic power on the part of the private
media. The Government's controversial allocation of private
television channels in 1990 and 1992 came under the scrutiny of
the judiciary on the suspicion that political parties gained an
advantage from the allocation of stations through their links
with the private owners. On October 27, Parliament approved a
decree giving the Government a mandate to redefine the
allocation plan by October 1994.
b. Freedom of Peaceful Assembly and Association
Citizens freely exercise their right of peaceful assembly,
which is limited only in cases where national security or
public safety is endangered. Permits are not required for
meetings, but organizers of public demonstrations must notify
the police in advance. Professional and employer associations
organize and represent their constituencies freely.
While allowing freedom of association, the Constitution and law
prohibit secret associations, associations that pursue
political aims by using paramilitary structures, and the
reorganization of the dissolved Fascist Party. An increasing
number of episodes of violence perpetrated in 1992 and early
1993 by neo-Fascist groups against Jews, Gypsies, and third-
country nationals led the Government to issue a decree in April
allowing the arrest of members of groups inciting racial,
ethnic, national, or religious discrimination. The decree
allows the police to search and close neo-Fascist
meetingplaces. These measures led to the arrest in May of a
person for having burned the Israeli flag and in July of nine
persons on charges of seeking to reorganize the Fascist Party.
At least 15 other persons were under judicial investigation for
the same charge at year's end.
c. Freedom of Religion
Individuals are free to profess and practice any religious
faith. All religions are free to organize and proselytize
within the limits imposed by the laws governing public order.
Italy's relations with the Roman Catholic Church are governed
by a 1984 agreement (Concordat) between the Government and the
Holy See, ratified in 1985. The agreement, which replaced the
Concordat of 1929, recognized the rights of Catholicism and its
historic presence in Italy but no longer accorded Catholicism
the status of a state religion. The Roman Catholic Church
continues informally to enjoy special standing partly as a
result of the Concordat but also because of the presence of the
Vatican and because the overwhelming majority of Italians are
Roman Catholic. Taxpayers may elect to designate a small
percentage of their tax payment to the Catholic Church, the
Adventist Church, the Assemblies of God, or the State for
social or humanitarian purposes; the percentage is the same
regardless of the recipient. In November the Italian Buddhist
community initiated procedures to receive similar funding.
Roman Catholic religious instruction is offered in the public
schools as an optional subject. The Ministry of Education has
instructed schools to provide an optional course (such as the
history of religions or drawing but not mandatory courses such
as mathematics or literature) to students who do not want to
attend the "hour of religion." Some schools allow free time to
students who do not elect to take either course.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Citizens may travel freely both within the country and abroad.
Emigration is unrestricted. Citizens who leave are guaranteed
the right to return, and the Constitution forbids deprivation
of citizenship for political reasons. According to government
statistics in September, a total of 19,182 refugees came to
Italy, primarily from the former Yugoslavia. Government
authorities in December estimated the total number for 1993 at
26,000, mostly from the former Yugoslavia and a few hundred
from Somalia. The Government arranged for their temporary
stay. There is no reliable estimate of the number of
unregistered refugees who also entered. Some regional
governments provided assistance in employment, housing, health
care, and education.
A new law on citizenship, which came into force in August 1992
reduced from 5 to 3 years the period of residence necessary for
some immigrants (those born in Italy or of Italian origin) to
acquire Italian citizenship. The law retained the 5-year
residency requirement for immigrants from European Community
(EC) countries and increased from 5 to 10 years the required
residence period for non-EC immigrants.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Italy has a parliamentary system with members of Parliament
elected on the basis of universal adult suffrage. Although the
Constitution outlaws the Fascist Party, a wide range of
organized and active political parties exists from the far left
to the far right of the political spectrum. Election campaigns
are free and open, and voting is by secret ballot. The two
chambers of Parliament and regional, provincial, and municipal
councils are elected at regular intervals of 5 years; the
Constitution allows the President of the Republic to call
special parliamentary elections. A 1992 electoral reform
provided for the direct election of mayors in municipalities
with over 15,000 inhabitants. A 1993 reform provided for 75
percent of the seats of both houses of Parliament to be elected
on a majority basis in single-member districts and 25 percent
to continue to be elected on a proportional basis.
There are no restrictions in law on the participation of women
in government and politics. Political and social customs
continue to result, however, in a lower percentage of
participation by women than by men. In 1993, 3 of 24 Cabinet
members, 31 of 325 Senators, and 51 of 630 deputies in the
lower house were women. New electoral laws have provisions
that either encourage more female candidates or place them
higher on proportional voting lists.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Nongovernmental organizations, including human rights
organizations, are free to investigate conditions in Italy,
attend trials, and publish their findings.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
There is no legal discrimination on the basis of race,
religion, sex (except with regard to work regarded as
dangerous; see below), ethnic background, or political
opinion. In practice, discrimination based on sex and ethnic
background, among other factors, continues.
Women
Women participate freely in political and social life but still
face discrimination, sometimes legally. For instance, no
women, regardless of age, are permitted to be employed
underground in quarries, mines, or tunnels. Despite legal
guarantees, employers continue to favor men over women in
filling jobs, particularly those with prospects for advancement
to management. Women fill approximately 10 percent of
managerial positions and are poorly represented in the
professions.
Women tend to remain in employment areas such as schoolteaching
and in public employment sectors such as post offices,
government ministries, the national health service, national
social security institute, and national statistical office.
The Italian media has reported a 10-percent increase in the
number of female police officers. Labor agreements in
significant sectors such as metalworking (the leading
industrial sector), local administration, and public service
prohibit sexual harassment, which, however, is not prohibited
by law. This makes it difficult for women successfully to
pursue such cases in court. For example, in a prominent case
in the Piedmont region, a female employee was unable to win a
harassment case despite having 15 witnesses who confirmed her
accusations against her supervisor.
Women enjoy legal equality with men in marriage. In the event
of divorce, a woman is entitled to a share of the survivor's
pension and any inheritance in the event of the death of her
ex-husband. The property of a married couple is considered
community property unless husband and wife agree to keep their
property divided. All assets acquired prior to marriage are
exempt from the community property provision.
Legislation seeks to provide women protection from physical
abuse. Police and judges are not reluctant to intervene and
mete out punishment in such cases. Spousal rape was tried in
the courts in 1993 under the Criminal Code. Although there are
no statistically reliable studies attesting to the extent of
domestic violence against women, newspaper reports of such
violence are common and it is thought to be widespread. The
Government provides a public telephone service, Telefona Rosa,
which offers legal, practical, social, and psychological
counseling for women in difficulty. The Prime Minister's
Office on the Status of Women has stated that, while laws exist
to punish those who commit acts of violence against women and
the laws are enforced, victims often do not bring charges due
to fear, shame, or ignorance of the law.
Children
In recent years, elements of Italian society have manifested
growing concern over violence against children. A privately
financed, nationwide, toll-free telephone hotline service to
help abused children, established in 1987, has received over
270,000 calls. Private volunteer organizations operate to
protect minors from potential abuse; social workers either on
their own initiative or with orders from a "Judge of Minors"
can take remedial or punitive action. Social workers can also
place abused children in family shelters.
Reliable, consistent statistics on child abuse are often not
readily available. According to the national hotline for
children, most callers complain of psychological violence,
physical abuse, or negligence. Available evidence suggests
that most of those calling to denounce maltreatment of children
are adults, but the number of children using child-abuse
protection telephone lines is increasing. Some experts in the
field believe that, rather than indicating that abuse is
increasing, this may signify that children's fear of reaching
out for support is diminishing. According to these statistics,
about 50 percent of those calling are from northern Italy and
mostly denounce cases of physical abuse. The remainder is
evenly divided between the central and southern regions, where
the child mistreatment most commonly denounced is sexual
abuse. An assessment by another private institution (for the
protection of maltreated children) indicates 100,000-150,000
cases of child abuse are perpetrated every year, of which
50,000 are physical abuse and about 40,000 are sexual.
The Government in 1993 reorganized the Department of Social
Affairs to give it principal responsibility for children's
rights. In September an 8-member committee was established
with the task of advising the Minister on policy concerning
minors.
National/Racial/Ethnic Minorities
North Africans residing and working in Italy and the population
of Gypsy origin are subject to discrimination.
Aggressive racial incidents aimed at foreigners and immigrants
increased and spread all over Italy in 1993. Among the most
significant incidents were the beating of several hundred North
African tomato-pickers by the population of a southern Italian
town, who were aroused and spurred on by persons operating
illegal employment schemes historically present in southern
Italy under a system called "caporalato"; beatings of North
African drug-peddlers and destitutes in the northern city of
Genoa; the burning of a Caritas assistance center being readied
for immigrants near Caserta, in the south, and the burning of
lodgings for immigrants in Rome and of housing for North
Africans in the north central city of Bologna. Some arrests
were made in the Genoa beatings, but at year's end other
perpetrators had not yet been apprehended.
Despite official efforts to integrate the Gypsy population into
Italian society, Gypsy communities continue to stand out and to
attract negative, sometimes violent, attention because of an
increase in pickpocketing and other street crime in which some
members of these groups are popularly viewed to be predominant
participants.
As in 1992, during the first half of 1993 trailers in Gypsy
camps in Rome and Bologna were set on fire. Police regularly
investigate such incidents. While the perpetrators of these
particular crimes have not yet been apprehended, the Government
prosecutes such offenders when they are apprehended. Local
administrations and communities have shown sensitivity to the
need to ensure equal treatment of those who belong to nomadic
groups and who are, for the most part, Italian citizens. Local
and regional authorities in Rome and Florence, for example,
have worked to provide sanitation to Gypsy campsites.
Approximately 4,000 Gypsies reside in the greater Rome area.
Most of them live in precarious and unhygienic conditions.
As a result of the increasing influx of legal and illegal
immigration from Africa and East European countries, these
issues are being examined with greater attention by the general
public and by political parties. Employees of international
organizations from third-world countries living in Rome report
more difficulty than their European colleagues in finding
housing. The Government funds nonprofit organizations that
provide social assistance to third-world nationals living in
Italy. In this area, the Government also works closely with
the Roman Catholic Church, which has been a powerful public
voice condemning discrimination against, and mistreatment of,
minorities and which supports social assistance groups and
activities.
Recently enacted changes in the Special Statute for Alto Adige
(along the Austrian border) give German speakers there added
safeguards against alleged risks to their culture and
language. Some in the Italian-speaking community in the Alto
Adige claimed reverse discrimination. The German-speaking
community is also pressing local authorities to change the
names of several towns from the Italian wording to what they
claim were the original German versions prior to World War I.
The Government and Parliament began to discuss revision of the
1990 Law on Immigration, including the possible introduction of
a quota system and the application of stricter administrative
controls.
There are about 35,000 Jews in Italy. Occasional anti-Semitic
incidents, such as the desecration of tombs in a Jewish
cemetery and the appearance of anti-Semitic graffiti, continued
to occur during the year. The police suspect that perpetrators
are members of the various anti-Semitic and neo-Nazi groups
that have emerged recently. However, only one person was
caught in the act of desecrating Jewish graves and arrested on
charges of ethnic and religious discrimination.
People with Disabilities
There are no restrictions on employment of physically disabled
persons in Italy, and since 1968 employers employing 35 or more
persons have been required, with limited exemptions, to staff
15 percent of their work force with disabled persons. In
practice, however, only about 4 percent of the work force in
these firms are disabled. A comprehensive framework law was
adopted in 1992 covering assistance, social integration, and
rights of handicapped persons. The Labor Inspectorate of the
Ministry of Labor enforces this law; employers who do not obey
the law are fined and obliged to comply; repeat offenders
receive higher penalties.
Protection against discrimination in education has been
guaranteed at all levels since 1977, and this was successfully
defended in the courts in 1987. The 1992 Law on the Rights of
Handicapped Persons reinforced this guarantee. A 1971 law
calls for physical accessibility for the disabled to public
buildings; compliance in schools and other public buildings is
thus far not universal.
Section 6 Worker Rights
a. The Right of Association
The Workers' Statute of 1970 provides for the right to
establish trade unions, to join unions, and to carry out union
activities in the workplace. Trade unions are not government
controlled, and the Constitution fully protects the right to
strike, which is frequently exercised. In practice, the three
major labor confederations possess status and influence (in
comparison to the smaller independent unions) for reasons that
go well beyond their membership size. They have strong
historical ties to two of the three major political parties and
administer certain social welfare services for the Government,
which compensates them accordingly.
Moreover, the Workers' Statute favors the three confederations
to the extent that it is difficult for small unions, including
the so-called Base Committees (Cobas) at the shop floor level,
to obtain recognition. In July a tripartite agreement was
reached, which, among other things, laid the basis for election
of unitary union representation (RSU) in all workplaces. If
enacted into law, two-thirds of the RSU would be elected by all
employees in the workplace and one-third nominated by those
unions that signed the National Labor Contract affecting those
workers.
A 1990 law limits the right to strike in essential public
services such as transportation, sanitation, and health.
Public sector workers, including those covered by these
restrictions, engaged in demonstrations and a partial general
strike in early 1993 in support of union demands in national
tripartite negotiations and in conjunction with a Europe-wide
day of action called by the European Trade Union
Confederation. However, minimum services in essential public
services were provided. Italian unions associated freely and
actively with international trade union organizations.
The Workers' Statute (Law 300 of 1970) prohibits employers in
firms employing more than 15 workers (more than 5 in
agriculture) from taking retribution against strikers other
than deduction of wages for the duration of the strike. The
Government enforces this effectively. Hiring of personnel to
replace strikers is effectively prohibited.
b. The Right to Organize and Bargain Collectively
The right of workers to organize and bargain collectively is
protected by the Constitution and is freely practiced.
Labor-management relations are governed by legislation, custom,
collective bargaining agreements, and labor contracts. In July
an agreement was signed by representatives of labor,
management, and government laying down a new collective
bargaining structure. All future national labor contracts are
to be of 4 years' duration. Wage increases for the first 2
years are to respect guidelines established through
consultations at the national level; wages may be renegotiated
after 2 years. Company-level bargaining on issues not covered
in the national contract is to take place once during the life
of the agreement at a time to be specified in the national
contract. Company-level wage increases are to depend on
performance of the firm.
National collective bargaining agreements in practice apply to
all workers, regardless of union membership. The July
agreement called for further legislation to make these
agreements legally binding on all firms in the pertinent sector.
The law prohibits antiunion discrimination by employers against
union members and organizers. Judges of first instance
(Pretore) resolve complaints of discrimination. A 1990 law
encourages workers in small enterprises (less than 16
employees) to join unions and requires "just cause" for
dismissals from employment.
Employers found guilty of antiunion discrimination are required
to reinstate workers fired for union activities if the firm has
more than 15 employees. In firms with less than that number,
the employer has the option to reinstate or pay compensation up
to approximately $15,000 at the year-end exchange rate
(2.5 million lira) or 6 months' wages, whichever is larger. In
special cases, this can be increased to 10 or 15 months'
wages. Protection of worker rights in the case of transfer of
company ownership is provided in a law that complies with a
European Community (EC) directive on the subject. The law
requires that the unions of both the former and the new owners'
companies be consulted in advance of the sale and that no
worker benefits be lost as a result of the transfer.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by law and does not
exist in practice.
d. Minimum Age for Employment of Children
The law provides that no child under 15 years of age may be
employed (with some specified exceptions). The Ministry of
Labor, having consulted with the labor organizations, may, as
an exception, authorize the employment of children over 12
years of age on specific jobs. There are also specific
restrictions on employment in various dangerous or unhealthful
occupations up to the age of 18 for men and 21 for women. In
general, minimum age laws are effectively enforced. However,
some employment of children occurs in the shadow economy,
particularly in the agricultural sector in the less prosperous
southern parts of Italy.
e. Acceptable Conditions of Work
There is no minimum wage set under Italian law; basic wage and
salary levels are set forth in collective bargaining
agreements. National collective bargaining agreements contain
minimum standards to which individual employment contracts must
conform. In the absence of agreement between the parties, the
courts may step in to determine fair wages on the basis of
practice in related activities or related collective bargaining
agreements.
Working time and safety standards are established by law and
buttressed and extended in collective labor contracts. The
Basic Law of 1923 provides for a maximum workweek of 48
hours--no more than 6 days per week and 8 hours per day. The
8-hour day may be exceeded for some special categories. Most
collective bargaining agreements provide for a 36- to 38-hour
week. Overtime may not exceed 2 hours per day or an average of
12 hours per week.
Basic health and safety standards and guidelines for
compensation for on-the-job injuries are set forth in an
extensive body of law and regulations. While 13 of the EC's
directives on safety and health were incorporated into Italian
law in 1991, 8 had not yet been implemented in late 1993. Most
of these health and safety standards are exceeded in collective
bargaining agreements. Enforcement of health and safety
regulations is entrusted to labor inspectors, who are either
employees of local health units or of the Ministry of Labor and
have the same status as judicial police officers. Inspectors
make periodic visits to companies to ensure observance of
safety regulations. Violators may be fined or even imprisoned;
it is common for Italian judges to fine employers guilty of
infractions. Trade unions also play an important role in
reporting safety violations to inspectors. Coverage is
hampered by the inadequate number of inspectors. Union sources
claim that many companies fail to keep records on potential
health risks in their plants, as required by law.
Because of high unemployment, there is pressure on workers to
accept unsafe conditions. There are many substandard
workplaces, especially in the south. Following a serious
accident at a refinery in Sicily in June, the Government
decided to set up a special agency to deal with industrial
accidents. At year's end, this unit had not begun to function.
[end of document]
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