Coldiretti boasts that it is the leading agricultural confederation in Europe in terms of membership, ‘over 1.6 million farmers (…) with about 70 percent of them registered with chambers of commerce.’ (1)
Since the number of active Italian agricultural enterprises is less than one-third of the membership of the said confederation, a couple of doubts arise. Will it be true? And if it were true, how is it possible?
A solution to the conundrum could come from the defense writings of the Provincial Federation Coldiretti Forlì-Cesena, in a civil suit where it is a defendant. (2) And even more serious doubts emerge.
Active agricultural enterprises in Italy
Agricultural holdings, according to the statistical definition adopted by ISTAT, are the technical-economic units subject to unitary management that carry out agricultural and/or livestock activities. This notion includes units that produce wholly or partly for self-consumption, that is, without any marketing activities.
In Italy, according to ISTAT, there would be about 1.7 million ‘farms’ as defined above. (2) However, only 415,000 enterprises have their main activity in agriculture, forestry and fishing. (3). Of these, 349 thousand (84%) are sole proprietorships. Active enterprises have an average of two employees; 60.5 percent of them have no employees.
Automated weaving?
The Provincial Federation of Coldiretti Forlì-Cesena-according to the lawyer representing it at the Forlì court (4.5)-would enforce its bylaws with a kind of ‘automatic membership’.
‘Upon application, the Federation, in the case of a legal entity association, in addition to associating the legal entity ex se, also proceeds to enroll each managing partner as well as any assisting personnel (e.g., family workers), provided that they are registered for agricultural contribution.
In the case of legal entities such as limited liability companies, consortia etc (…) Has the status of a member of the Federation, in addition to the legal person, by “conventional” qualification, also the legal representative of the administrative body (or whomever conventionally the member legal person should deem to identify and indicate to the Federation in place of the legal representative).’ (4)
Unconscious partners?
The automatic membership to which Coldiretti Forlì – Cesena’s lawyer explicitly referred, in the above terms, seems to find confirmation precisely in the provincial federation’s lack of acknowledgement of a registered letter it received exactly two years ago, on 15.4.19.
A farmer-with different roles (owner, partner, director) in a consortium company, an agricultural cooperative, and a simple company-‘not remembering ever having signed‘ any Coldiretti membership application, asked to see every form and membership card possibly in his name. No response.
Freedom of association
‘Citizens have the right to associate freely, without authorization, for purposes that are not prohibited to individuals by criminal law.
Secret associations [6] and those that pursue, even indirectly, political aims through organizations of a military nature are prohibited’ (Constitution of the Italian Republic, Article 18).
Freedom is expressed in the powers to form and/or join an association, participate in it, and withdraw from it. In parallel with the freedoms to join or not join trade unions and political parties (Italian Constitution, Articles 39, 49). All of which presuppose the fundamental human right to freedom of thought, first and foremost therefore to be knowledgeable and to be able to make decisions, without external conditioning.
Privacy
The statutes of National Coldiretti, in its latest reform, prescribed ‘the adoption by the Federations of Statutes responding to the confederal directives,‘ which ‘shall take place no later than one hundred and eighty days after the issuance of such directives‘ (Art. 5.6). And it is impossible to change these statutes without the placet of the top leadership of Palazzo Rospigliosi. (7)
Doubts are expressed as to whether the ‘automatic membership’ system proudly declared by a provincial Coldiretti responds to the practices of the entire system, which boasts more than three times as many active farms as members. If so, the violation of basic human rights mentioned in the previous paragraph would be compounded by the equally serious issue of privacy. Namely, the processing of personal data for purposes not authorized by the respective rights holders. In open violation of the ‘General Data Protection Regulation‘ (GDPR). (8)
Representation and ‘union’
What parties does Coldiretti represent and for what purposes? How extensive is the automatic membership system? Are you able to confirm the existence, awareness of the data processing of all registered members over the years-for membership purposes-and their authentic subscriptions of all registered members? More importantly, what is Coldiretti? If it were merely an agricultural union,
– why allow ‘entities pursuing financial, credit and insurance activities’ to be associated with it,(9) in conflict of interest with the farmers themselves?
– on what basis to enter into a downward agreement with Confindustria and Federdistribuzione on unfair trade practices, even admitting sales below cost? (10)
– how to reconcile ‘union’ activities with business activities that, among other things, register personal and/or family interests and holdings of the ‘union’ leadership itself? (11)
#CleanSpades
Dario Dongo
Notes
(1) Coldiretti, case history. Abaco Group, https://www.abacogroup.eu/it/case-history/coldiretti.html
(2) ISTAT. 7th General Census of Agriculture, Survey Information. 26.2.21, https://www.istat.it/it/archivio/252629
(3) ISTAT. Italian agricultural enterprises in the Asia register (2018 data). 10.11.20, https://www.istat.it/it/archivio/250113
(4) Civil Court of Forli, RG 2063/2019. Notice of appearance and response 17.10.19 signed by lawyer. Romina Magnani, in the interest of the Provincial Federation Coldiretti Forlì-Cesena.
(5) The bylaws of Coldiretti Forlì-Cesena, as inferred in the appearance referred to in the previous note, provide as follows. ‘Members of the Federation are direct growers, professional agricultural entrepreneurs, and professional agricultural cooperative societies […]. Other agricultural entrepreneurs, natural or legal persons referred to in Art. 2135 c.c. consortiums, agricultural producers, owners of agricultural land, family workers and agricultural retirees as well as associations and any other entities and subjects operating in the agricultural fish, agribusiness, environmental and rural and territorial spheres‘ (Coldiretti Forlì-Cesena bylaws, Article 5)
(6) Associations are defined as secret when they conceal their members, hide social purposes and activities, or interfere with the functions of constitutional bodies. The Constitution prohibits secret associations ‘because of their undemocratic nature, since they allow no popular control over their activities.’ It must therefore be understood to be prohibited ‘that association which, systematically and by program, endeavors to ensure that public opinion knows of its existence and activity only what the association itself decides to divulge‘ (Giuseppe Ugo Rescigno. Course in Public Law. 15th edition. Zanichelli, Bologna, 2014. ISBN 9788808065957)
(7) Statute of the National Confederation of Coldiretti, 20.12.13. See Article 5.7. https://www.coldiretti.it/wp-content/uploads/2017/09/StatutoConfederazioneApprovato_20_12_2013.pdf
(8) Fabio Zaninetti, Dario Dongo. Privacy and GDPR, the ABCs. GIFT(Great Italian Food Trade). 3/20/19, https://www.greatitalianfoodtrade.it/consum-attori/privacy-e-gdpr-l-abc
(9) Coldiretti National Statute, Article 10.1. last paragraph
(10) Dario Dongo. Unfair trade practices, double-down supply chain agreement. GIFT(Great Italian Food Trade). 7.3.21, https://www.greatitalianfoodtrade.it/mercati/pratiche-commerciali-sleali-accordo-di-filiera-al-doppio-ribasso
(11) Dario Dongo. CAI SpA, Federconsorzi 2. Federico Vecchioni’s Great Binge and Coldiretti’s magic circle. GIFT (Great Italian Food Trade). 16.2.21, https://www.greatitalianfoodtrade.it/idee/cai-spa-federconsorzi-2-la-grande-abbuffata-di-federico-vecchioni-e-il-cerchio-magico-di-coldiretti
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
