Forced labour and other forms of labour exploitation in the italian agri-food sector: Strong laws, weak protection for migrant workers

Abstract

The fight against labour exploitation is a top priority in the current global agenda. Italy has recently reset its legal framework to implement European Union and international standards, while for some time it has had an integrated system aimed at both tackling the phenomenon and protecting victims. Yet despite the estimated scale of the phenomenon and the available legal tools, the prosecution of cases of labour exploitation continues to be rare. This chapter focuses on the main reasons why victims are reluctant to report abuse, that is, the real danger of being charged with the offence of “irregular entry or stay” and ultimately expelled if undocumented. Indeed, the fear of having to leave the host country has been identified as the main reason why victims avoid seeking legal protection and remedies, even when they are entitled to them. The same law-enforcement agencies often fail to identify victims of trafficking by merely looking at their irregular status. The essay is divided into three sections. First, it analyses the phenomenon, specifically targeting the Italian agri-food sector. After citing the large number of rules governing all forms of labour exploitation, it will be argued that criminalization of irregular immigration may result in impunity for exploiters, making (undocumented) migrants more vulnerable to human rights abuses. In doing so, the concept of “vulnerability created or exacerbated by the law” as developed by Mantouvalou (The Right to Work. Legal and Philosophical Perspectives. Hart Publishing, Oxford, 2015) will be employed. Finally, specific policy recommendations will be made, leaving criminal law tools as the last resort.