The trafficking of moldovan minors in Italy

Author:Maria Cristina Giannini, Laura C. Di Filippo, Adina Laura Antone
Position:Professor of Criminology, Faculty of Law, University of Teramo, Research realized in the frame of the Project 'Additional Measures to Fight Child Trafficking in Moldova' Programme EU Grant Contract N. 2009/1556290 ? Itaca ONG - Professor of Criminology, Faculty of Law, University of Teramo - Ph.D. in International Criminology
Pages:107-146
Maria Cristina Giannini • Laura C. Di Filippo • Adina Laura Antone
107
LESIJ NR. XVIII, VOL. 2/2011
THE TRAFFICKING
OF MOLDOVAN MINORS IN ITALY
Maria Cristina GIANNINI*
Laura C. Di FILIPPO**
Adina Laura ANTONE***
Abstract
The research analyzes the phenomenon of trafficking of moldavan minors for sexual
exploitation in Italy and in the European context trying to measure the quantitative and
qualitative incidencef the criminal problem. Through a questionnaire submitted to the responsibles
of the Italian centers of assistance (according Italian legislation) recovering moldovian minors
for the period 2000 – 2008, it has been possible to evaluate all the variables concerning the
victims and the traffickers and to reach specific conclusions regarding the adoption of preventive
measures in the short and long term. The study suggests the integration of two convergent
approaches in a transnational dynamic perspective.
Keywords: trafficking, sexual esploitation, Italian legal/social system, European context
Moldovan minors trafficked, victims, traffickers, prevention measures, human rights-centered
approach, transactional network approach, new model of 4 P’ approach.
Introduction
The present study concerns the analysis of the characteristics of Moldovan child
trafficking for sexual exploitation, focusing in particular on the conditions of the victims in
Italy, a European destination country of phenomenon among others. Consequently, the
investigation will examine and try to uncover, as much as possible, behavioral and situational
aspects of Moldovan child victims, who have been included in social protection programs in
Italy after their identification as victims.
As has been amply highlighted by the major international organizations concerned with
the phenomenon1 that Italy is a destination country for women trafficked primarily of
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* Professor of Criminology, Faculty of Law, University of Teramo, Research realized in the frame of the
Project "Additional Measures to Fight Child Trafficking in Moldova" Programme EU Grant Contract
N. 2009/1556290 – Itaca ONG
** Professor of Criminology, Faculty of Law, University of Teramo
*** Ph.D. in International Criminology.
1 US Department of State, Trafficking in Persons Report, June 2010, p. 236; US Department of State,
Trafficking in Persons Report, June 2009, p. 167; US Department of State, Trafficking in Persons Report, June
2008, pp. 147 e 182; US Department of State, Trafficking in Persons Report, June 2007, pp. 122 e 150; US
Department of State, Trafficking in Persons Report, June 2006, p. 147; US Department of State, Trafficking in
Persons Report, June 2005, p. 130.
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LESIJ NR. XVIII, VOL. 2/2011
Nigerian and Eastern European nationalities (Romania, Albania, Hungary, Bulgaria and
Moldova), according also to a recent dossier of Save the Children2 in Italy over the period
2000-2009 from a total of 50,000 victims of trafficking 986 are minors and global victims
(84%) are mainly trafficked for sexual purposes3, in light of the specific project "Additional
Measures to Fight Child Trafficking in Moldova" it will be attempted to realize a thorough
analysis of the situation of Moldovan minor victims of trafficking in the Italian context only,
to highlight the trend of the phenomenon in time and the personality and socio-demographic
characteristics of victims and exploiters.
The research will outline the articulated mechanisms of trafficking, the related factors
and dynamics and, therefore, the push and pull motivational aspects, the methods of
recruitment, the organization of transportation of victims, the criteria for selecting the routes
to be used and subjugation and control systems used by the exploiters. Obviously, the
investigation requires knowledge of the Italian system of protection and assistance offered to
victims of trafficking with the possible interventions that are feasible in practice.
The analysis will be divided into the following points:
1. The Italian anti-trafficking regulatory system
2. The methodology used
3. The phenomenological aspects of child trafficking from Moldova to Italy
3.1. The evolution of the phenomenon
3.2. The main types of exploitation
3.3. The routes used by traffickers
3.4. The methods of recruitment
3.5. The methods and means of transport
3.6. The use of false or forged documents and false personal data
3.7. Victims
3.8. The problem of minor victims quantification
3.9. The problem of minors victims identification
3.10. Sex, age, place of origin, education level of victims
3.11. The living conditions before departure
3.12. Some particularly representative case studies
3.13. Traffickers
3.14. The involvement of organized crime in trafficking from Moldova to Italy
3.15. The methods used for the submission and exploitation of victims
3.16. The prosecution of traffickers
4. The assistance and protection offered to victims of trafficking
4.1. The types of assistance and protection for victims of trafficking
4.2. The level of cooperation of the actors involved
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UNODC, Global Report on Trafficking in Persons, 2009, p. 260; UNODC, An Assessment of Referral
Practices to Assist and Protect the Rights of Trafficked Persons in Moldova, February 2007, p. 17.
IOM, Second Annual Report on Victims of Trafficking in South-Eastern Europe, 2005 , pp.338, 355, 358.
American Bar Association. Central European and Eurasian Law Initiative, The Human Trafficking
Assessment Tool Report, June 2005, p. 95.
2 SAVE THE CHILDREN, Dossier - Le nuove schiavitù, agosto 2010.
3 UNODC, Trafficking in persons, 2010.
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5. The prevention of human trafficking
6. Shadows and lights raised during the investigation: the voice of the social workers.
1. THE ITALIAN ANTI-TRAFFICKING LEGAL SYSTEM
The Italian system designed to combat human trafficking and protect and assist victims
of this crime was one of the first to be implemented with the adoption of the immigration law
of 1998, considered to be a cutting-edge system and a model to be adopted by legislators in
other countries. With the additions and changes subsequently made it is still considered the
most advanced model in the international scene4.
1.1. THE ITALIAN ANTI-TRAFFICKING LEGISLATION
The Italian legislation on combating trafficking in human beings is constituted mainly
by the following legislation:
- Law n. 108 of July 2, 2010 - Ratification and implementation of the Council of Europe
Convention on Action against Trafficking in Human Beings, signed in Warsaw May 16, 2005,
and adapting internal rules;
- Law n. 146 of March 16, 2006 - Ratification and implementation of the Convention
and the Protocols of the United Nations Convention against Transnational Organized Crime,
adopted by the General Assembly 15 November 2000 and May 31, 2001;
- Law n. 38 of February 6, 2006 - Provisions on the fight against sexual exploitation of
children and child pornography even through the Internet;
- Law n. 228 of August 11, 2003 - Measures to combat trafficking in persons;
- Law n. 46 of March 11, 2002 - Ratification and implementation of the Optional
Protocols to the Convention on the Rights of the Child, relating to the sale of children, child
prostitution and child pornography and the involvement of children in armed conflict, made in
New York on 6 September 2000;
- Law n. 269 of August 3, 1998 - Provisions against the exploitation of prostitution,
pornography, sexual tourism involving children, as new forms of slavery;
- Article 12 of Legislative Decree no. No 286 of July 25, 1998 - Consolidated text of
provisions governing immigration and the status of foreigners5;
- Article 3 of Law No. 75 of February 20, 1958 - Abolition of the regulation of
prostitution and the fight against the exploitation of prostitution of others.
Two norms are considered as fundamental on combating trafficking in human beings and
protection of victims, a criminal and an administrative norm: Law 228 of 2003, "Measures
against trafficking in persons", as amended by law 108/2010 for the ratification and
implementation of the Warsaw Convention and Article 18 of Legislative Decree 286 of 1998,
"Consolidated text of provisions governing immigration and the status of foreigners".
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4 International Centre for Migration Policy Development, Legislation and the Situation Concerning
Trafficking in Human Beings for the Purpose of Sexual Exploitation in EU Member States, 2009; TRANSCRIME,
Tratta di persone a scopo di sfruttamento e traffico di migranti. Rapporto finale della ricerca, Ministero della
Giustizia, Roma, 2004; Carchedi, F., Orfano, I. (a cura di), La tratta di persone in Italia. Evoluzione del fenomeno
ed ambiti di sfruttamento, Franco Angeli, 2007.
5 Consolidated Act on Immigration henceforth.

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