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Bucharest
October 2019
Trafficking of human beings in Romania:
497 registered victims and 130 convicted
traffickers?
1
Desk review
Authors: Raluca Tomșa, Alexandra Hosszu, Gelu Duminică
1
In 2018
2
Forward
Romania is in top 5 at EU level in terms of citizenship of registered victims of THB and
number of prosecutions (conviction cases handled for all types of exploitation). Also, Romania
ranks first in terms of number of reported persons suspected, arrested or cautioned (2777)
2
.
According to the same study Romania is found among Top 5 EU countries with the largest
number of registered victims both for the 2010-2012 interval and for the 2015-2016 data report.
The aim of this paper is to raise some very important questions regarding human
trafficking in Romania and to put those questions out there on the public agenda for discussion.
We firmly believe there is an immense necessity for a real debate on the human trafficking in
Romania, involving as many stakeholders as possible (public institutions, NGOs, media,
schools, victims etc.).
Some of the questions we raise here are:
• What are the main causes of human trafficking in Romania?
• Do we know the number of victims?
• What was done to reduce the phenomenon?
• What else can be done in order to reduce human trafficking in Romania?
The research is part of the Fighting human trafficking in Romania project and was
financed by Norwegian Church Aid and Church of Sweden.
2
European Commission. Data collection on trafficking in human beings in the EU. (Lancaster University, 2018).
Accessed September 10, 2019. https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-
do/policies/european-agenda-security/20181204_data-collection-study.pdf.
3
Table of Contents
Introduction ..................................................................................................................... 4
1. Trafficking of human beings ....................................................................................... 7
1.1 A global modern slavery phenomenon ............................................................................... 7
1.2. Root causes of human trafficking ...................................................................................... 8
1.3. International legal framework ........................................................................................ 12
2. Trafficking of human beings in Romania .................................................................. 14
3. National legal framework (legislation and strategic papers) ...................................... 24
4. Responsible institutions ............................................................................................. 26
5. Victims, traffickers and networks .............................................................................. 29
6. Key challenges in preventing and combating human trafficking ............................... 31
7. Recommendations ................................................................................................... 36
8. Conclusions ............................................................................................................. 39
Figures and tables ........................................................................................................... 45
Abbreviation words
CRC - Convention on the Rights of the Child
DIICOT - Directorate for Investigating Organized Crime and Terrorism in Romania
EU – European Union
NAATP – National Agency Against Trafficking of Persons
OCG – Organised Crime Groups
OECD – Organisation for Economic Cooperation and Development
OPSC - Optional Protocols to the Convention on the Rights of the Child
THB – Trafficking of Human Beings
UNODC – United Nations Office on Drugs and Crime
4
Introduction
Andreea
”they are spotted”, she kept saying to anyone that was mentioning the beauty of her eyes, so
beautiful that one`s heart would stop beating when glazing into their green depths. Andreea
(fictional name) was my friend. A lot of people thought we were a couple, that she was my
loved one, part of it due to the fact that between 9th grade up to 11th grade we were going to
school together, as our high schools were one the same path and close together. We had used
that time to talk about everything. Sometimes we even held each other`s hands. Even today I
still don`t know if she was my girlfriend or not.
In the time that we had spent together i had found out a lot about her family, her troubles and
her fears. She did not see herself as beautiful at all, even if most people that knew here would
have disapproved that idea, bringing a lot of arguments against it as well. She had her legs a bit
towards X shape, and her mother had reminded her about this little imperfection so many times,
that she had now imprinted deep in her mind that she had to hide her body from waist down.
She was not showing her beauty, even if the girls around her did it, and she would usually love
more to watch around than be the center of attention.
Andreea was raised by her single mother while she was working all day long to provide for her
and her younger sister. During daytime, Andreea was actually „the mother” for her younger
sister, as she was the one to make sure everything was ok. I never knew what happened to her
dad, as this was probably the only topic that we have never approached. She would refuse any
conversation on this topic and she would change the subject instantly, as her green eyes were
turning in that very moment into razor blades that were piercing my soul. I understood that there
was hidden a lot of pain and it seemed fair to smile and not push on this subject.
In our group of friends, she was „the core”. We were meeting in front of their porch each
evening; during summer evenings, we were hanging out with our gang until midnight, chatting.
We were playing kid’s games and kissing. Our neighbors were smiling to her each time they
were responding to her hello, while she was returning them a smile that lit her whole face.
At a certain point in time, right in the senior high school year holiday, Andreea disappeared.
Nobody knew where she went and no one asked anything about her. Her mother and her
younger sister announced their retirement to a „countryside relative”, and we changed our
meeting point. Rumors started to spread that Andreea was a „working girl”, but in the
neighborhood, nothing seemed to change.
A few months later, she appeared back as sudden as she had disappeared. The spots in her eyes
disappeared, and her smile changed into something that reminded me of a ghost. She told me
how she was „recruited” and „sold” by some acquaintances, that she had a gun to her head,
while having sex with up to 30 men each day. She told our gang a lot less details, but she did
not hide what happened to her.
Andreea stopped looking into our eyes and it seemed as if she was ashamed that she was a
victim.
After a while, the whole neighborhood found out her story. People didn’t respond with smiles
to her hello; she, too, was no longer capable to light his face like those old moments when she
was responding to their smiles, as she had now to deal with name-calling like „whore”. The
school management recommended her to move to another high school, as her classmates’
5
parents „didn’t want to have in their kid’s class such an element that can corrupt their children”.
We had to protect her from different boys that didn’t accept a „no” from her anymore when
they wanted to get involved with her, and we had to wipe a lot of tears from her face.
The pressure was so high; she eventually gave up and returned to the traffic network. This time,
she went there „willingly”. She gave up high school and friends. She chose to sacrifice herself,
to keep her sister safe and she chose the only path where she felt she was not „judged” by those
that she was smiling to. Her family disappeared completely from the neighborhood, and since
then no one knows anything about her....
....Until recently, when a rumor hit us that Andreea might have died. Her soul had died anyway
since I was in 12th grade..
Alexandra
Many times, when i needed something from the city hall or from any other public
institution, my mother was the one that was coming with us. My father didn’t come or, in those
few instances when he did, he was just accompanying us, waiting for us outside. He knew that
his gypsy look would have made the people that he would have been in contact with to feel
superior, and that would have led to poorer public services for us. Or at least that was his point
of view, after a number of life experiences that have lead him to this conclusion. My mother,
as a woman, was better fit than him to deliver to the public servants an emotional story, a story
much more real and credible, that could generate pity: „I have four kids at home that need help”,
„if I don’t solve this or that situation, my husband will beat me” „one of my kids already died,
so please help this one” and so on. Even with approaches like this, a lot of times we still had to
spend hours waiting in front of a medical office, or a front office clerk at some random public
institution until someone was merciful enough to begin talking to us. A lot of times, this reaction
was ultimately generated only by my mother’s rage, as nothing else worked.
My parents, as many others as well, knew that we were seen as „inferior” and a lot of
times acted accordingly. At the beginning of the summer, a young girl, Alexandra, died with
the thought that those people that he officially asked for help would come and save her. She did
it gently, without creating a spectacle out of her suffering, as she was even speaking politely
about the person that was hurting both her body and soul. The fact that she asked for help in the
most honorable and dignified way possible activated the superiority and distrust of those people
that are specifically paid to intervene in emergency cases.
Lack of action from Police doesn’t just come from their fault; it is supported as well by our
indifference, by the fact that we are pretending to not see things around us, that we look the
other way in order to not be participants in that crime and to not be forced to notice and act
upon it. Of course, it’s easier to just blame someone else, without looking at ourselves and to
the way we „beg” our rights, a lot of times, instead of demanding them; or even worse, without
looking to the way we respond to those that we have learned in time that they should be
considered „untrustworthy”. It’s easier to just ask for a change in public and state institutions,
instead of demanding our own change. „Change the state and public institutions!” we all ask,
without understanding that these only react in the same way the society as a whole reacts, and
their responses are closely connected to the values promoted by the society as a whole.
Institutions act as we act. Institutions have the same values as we have. In institutions, there are
people working, that are very similar to each of us.
6
The Romanian Society, or most of it, is so misogynistic that provides excuses for rapists by
blaming the deed on the victim’s skirt length. Our society considers that if you are a woman,
gay, gipsy, peasant, illiterate, state socially assisted, socialist, and so on, you are, by default,
second rate citizen and you don’t deserve the same type of public services that are deserved by
HIM, the superior citizen, the first rank citizen that is fresh, progressist, full of merits and rights.
A part of Romanian leaders is subtly transmitting us the idea that we have more than one
Romania, where the beautiful Romania is only theirs and the ugly one, the one that deserves to
be blamed, despised and eradicated is someone else’s, that it would belong to the inferior
people. A part of Romania considered that the dead people from Collective club have deserved
their death because they would listen to „satanic music”; another part of the people considers
that „an unbeaten woman is similar to an untamed horse” and that „a good beating is a gift from
Heaven”; some people are convinced that „a gipsy is actually far from being a person” and
others consider that the Muslims have way too many rights.
A lot of those that promote these ideas are those that are managing or deciding our lives and
they are working within those institutions that should make sure that every citizen is treated
with equal respect and benefits from the same rights that are compulsory through the real equal
opportunities principle. It’s hard to make this wishful thinking happen while you are exactly
the one that is promoting fake patriotism, populism, hate and dissent.
The Caracal case has shown us the real way we all are, not just how low did the Romanian
state’s institutions. The Caracal case has shown us as well how deep is our own misery.
Sorry, Alexandra, for not doing what i should have done! The things that we all should have
done!
Gelu Duminică
Executive Director
Impreuna Agency for Community Development
7
1. Trafficking of human beings
1.1 A global modern slavery phenomenon
Trafficking of human beings (THB) is considered one of the most heinous forms of
crime in the EU. Globalization, refugee crisis and migration, the rapid technological
developments, all determine a new dynamic of trafficking; Part of this new dynamic is “children
on the move” phenomenon. These are children that are moving for a variety of reasons,
voluntarily or involuntarily, within or between countries, with or without their parents or other
primary caregivers, and whose movement, while it may open up opportunities, might also place
them at risk (or at an increased risk) of economic or sexual exploitation, abuse, neglect and
violence.
3
For example, it is believed that around 50 million children per year are displaced
4
and only in 2018 around 17 million children were displaced internally by conflict or violence
5
,
exposing them to difficulties in accessing basic services, including housing, protection and
education and making them vulnerable to THB.
The transnational character of trafficking requires transnational cooperation focused on
children’s rights, in the clear translation of the CRC convention (children as right holders
entitled to protection from all forms of exploitation). Children are one of the most vulnerable
to human trafficking
6
as they face multiple risks such as poverty and social exclusion, lack of
family support and protection, low opportunities, self-esteem and lack the resources an adult
might have.
In a 2017 communication addressing THB, European Commission states that
Trafficking in human beings remains a highly profitable form of serious and organized crime,
explicitly prohibited in the EU Charter of Fundamental Rights. Behind each victim lie
devastating experiences and suffering that must be appropriately acknowledged and addressed,
and more importantly, prevented…. Clearly, there are substantially more victims than those
covered by official figures. The crime has an obvious gender dimension. Trafficking for sexual
exploitation, involving mainly women and girls as victims, is consistently reported as the
prevalent form.’’
7
According to 2017 SOCTA report
8
of Europol, human trafficking within the EU remains
a key threat. The same report states that THB for labour exploitation is increasing in the EU,
3
Save the Children, Protecting children on the move (2018). Accessed September 12, 2019.
https://resourcecentre.savethechildren.net/node/13638/pdf/children_on_the_move_programme_guide.pdf
4
Save the children, Protecting children.
5
UNICEF. Protecting and supporting internally displaced children in urban settings (2019). Accessed
September 12, 2019.
https://www.unicef.org/media/56191/file/Protecting%20the%20rights%20of%20internally%20displaced%20chil
dren.pdf
6
Tarnovschi, Daniela. Countering New forms of Roma Child Trafficking: Country Report Romania (2014).
7
European Commission. Trafficking in Human Beings: New priority actions (2017). Accessed September 10,
2019. https://ec.europa.eu/anti-
trafficking/sites/antitrafficking/files/4_december_2017_communication_addressing_thb_-_factsheet_1.pdf.
8
EUROPOL. SOCTA - Serious and Organized Crime Threat Assessment: Crime in the age of technology
(2017). Accessed September 10, 2019. https://www.europol.europa.eu/socta/2017/.
8
while the migration crisis has resulted in an increase in the number of potential victims of
trafficking.
One of the widely-used definitions of human trafficking is the one provided in the UN
Convention
9
Against Transnational Organised Crime and its Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children (the Palermo Protocol). Article
3, paragraph (a) states that “[…] ‘the recruitment, transportation, transfer, harbouring or receipt
of persons, by means of the threat or use of force or other forms of coercion, of abduction, of
fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or
receiving of payments or benefits to achieve the consent of a person having control over another
person for the purpose of exploitation”. The same article further defines exploitation, stating it
“shall include, at a minimum, the exploitation of prostitution of others or other forms of sexual
exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the
removal of organs”. Building on all international statements related to trafficking, UNICEF
handbook on OPSC uses the same extensive definition on trafficking.
The most recent Global Report on Trafficking in Persons states an increased number of
detected trafficking victims, as well as an increased capacity of countries to collect and
disseminate data
10
. The same report mentions that most trafficking victims are detected in their
countries of citizenship and that detections of domestic victims having increased over the last
15 years. The same report mentions that in the case of Western, Southern Europe and Middle
East countries, “there are record sizable shares of victims trafficked from other regions in
addition to domestic and sub regional trafficking”.
We join the report’s emphasis on the gender dimension of trafficking, with girls and
women representing 72% of victims, even if there can be noticed an increase also regarding the
number of male victims. Although there are several forms of traffic of human beings, the
prevalence of trafficking for sexual exploitation remains the highest.
Among the key findings of the 2018 Europol
11
report on criminal networks for child
trafficking in the EU are: the underreporting of trafficking male minors; the fact that large
family clans appear to be among the traffickers; also, female suspects play a key role in
trafficking of minors. More so, traffickers target children in foster or residential care and
document fraud is connected to trafficking in case of minors. The same report states that
suspects from Romania are involved in sham marriages, Romania being one of the origin
countries for family clans involved in trafficking
12
.
1.2. Root causes of human trafficking
The existence of the human trafficking phenomenon in Romania (as an origin, transit
and destination country) is no longer a surprise, neither for public institutions’ representatives,
9
United Nations Convention against Transnational Organized Crime and the Protocols Thereto (2000). Accessed
September 10, 2019. https://www.unodc.org/unodc/en/organized-crime/intro/UNTOC.html.
10
UNODC. Global report on trafficking in persons 2018 (New York, 2018). Accessed September 10, 2019.
https://www.unodc.org/documents/data-and-analysis/glotip/2018/GLOTiP_2018_BOOK_web_small.pdf.
11
EUROPOL. Criminal networks involved in the trafficking and exploitation of underage victims in the
European Union (2018). Accessed September 10, 2019.
https://www.europol.europa.eu/sites/default/files/documents/23-11_report_child_trafficking.pdf.
12
EUROPOL, Criminal networks.
9
nor for researchers or NGO representatives. Nevertheless, the debate on the root causes of this
phenomenon is still at the very beginning.
There is no research focusing on the factors that contribute to the emergence of human
trafficking in Romania, even though the Palermo Protocol enhances the importance of
addressing directly the causes of the problem: “States Parties shall take or strengthen measures
[…] to alleviate the factors that make persons, especially women and children, vulnerable to
trafficking, such as poverty, underdevelopment and lack of equal opportunity”
13
.
The experts in the human trafficking phenomenon have identified two categories of
factors that contribute in different proportions to the expansion of this type of modern slavery:
push (the context within the country of origin) and pull (specific elements generating an
attractive and alluring image of the new country).
The causes for the human trafficking were split into 4 main pillars
14
, also relevant for
Romania:
• Migration – due to low socio-economic opportunities in the country of origin, people
are tempted to chase the possibility of a promisingly better life abroad. But not all
migrants become victims of human trafficking. What makes some of them more
vulnerable than others? Romania is the fifth country in terms of total emigrant
population
15
, more than 2.3 million emigrants having left the country between 2000 and
2016. In 2016, 415,000 persons migrated from Romania to other OECD countries and
making Romania the second country of origin for OECD
16
migration in that specific
year.
• Vulnerability – human trafficking has been linked to different vulnerabilities such as
low level of education and lack of skills suitable for the labour market. Vulnerability
refers to “a condition resulting from how individuals negatively experience the complex
interaction of social, cultural, economic, political and environmental factors that create
the context for their communities”. As such, vulnerability is not a static, absolute state,
but one that changes according to context as well as to the capacity for individual
response
17
. Among different types of vulnerabilities, we have:
o Gender - Taking into consideration the high percentage of female victims
especially regarding sexual exploitation, human trafficking appears to have a
strong gender dimension
o Low education - Romania has one of the highest early school dropout rate (aged
18-24) representing 18.1% in 2017, above the EU average (10.6)
18
. The
13
Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children (2000).
14
Cho, Seo-Young. “Modelling for Determinants of Human Trafficking.” Social Inclusion, vol. 3, no. 1 (2015).
Accessed September 10, 2019. 10.17645/si.v3i1.125.
15
OECD. Talent Abroad: A Review of Romanian Emigrants (2019). Accessed September 10, 2019.
https://read.oecd-ilibrary.org/employment/talent-abroad-a-review-of-romanian-emigrants_27927b96-en#page1.
16
OECD, Talent Abroad.
17
UN. GIFT. An Introduction to Human Trafficking: Vulnerability, Impact and Action (New York, 2008).
https://www.unodc.org/documents/human-trafficking/An_Introduction_to_Human_Trafficking_-
_Background_Paper.pdf.
18
European Commission. Education and Training: Monitor 2018 Romania. (2018). Accessed September 10,
2019. https://ec.europa.eu/education/sites/education/files/document-library-docs/et-monitor-report-2018-
romania_en_0.pdf.
10
exclusion cycle for the most disadvantaged students is reinforced by their
educational context – they have access mostly to schools with low quality of
education in marginalized rural areas with limited educational resources, poorly
qualified teachers and socio-economic challenged families. There are also
significant challenges regarding Roma inclusion, ethnic and social segregation,
adaptation of educational curriculum to students’ needs. The PISA results of
2015 concluded that in Romania around 40% of the 15-year-old students do not
have a minimum level of basic skills while only 52% of young people have basic
digital skills
19
.
o Poverty - The poverty rates and economic inequalities remain high, 1 out of 3
Romanians being exposed to poverty and social exclusion risk; moreover, 50%
of children are at risk of poverty. The main path out of poverty taken into
consideration by many Romanian teenagers is working abroad. Unfortunately,
the idea that outside Romania it’s easier to make a good living is highly spread
among them, thus increasing the risk for some of them to end up in context where
they can be deceived,
o Age- From a different point of view, the manner in which children are treated in
the context of human trafficking needs adjustments. Children are not small
adults and the ways in which they are vulnerable is different from the ways in
which adults are vulnerable. “They are vulnerable to the demands and
expectations of those in authority, including their parents, extended family and
teachers. Physically, they are not able to protect themselves. They are usually
unaware of any laws that may exist to protect them and they are unable to
negotiate fair treatment for themselves.”
20
Usually, children are unable to
explain what they went through in the same manner as adults, therefore different
protocols in identifying victims of trafficking should be used.
o Disability and illness – people are easier to control and coerce. “Physical or
mental illness and disability can increase vulnerability to exploitation as those
affected may be more dependent upon others, have reduced understanding or
capacity to make judgements, or be more physically vulnerable to abuse.”
21
o Homelessness – Easily attracted by the promise of work and/or housing and
meals. Individual history (like mental health problems or drug abuse) is set to
increase vulnerability to THB.
o Relationships – “feelings of love, duty and ownership in family or romantic
relationships can be used to coerce people into accepting exploitations
Additionally, the responsibility of providing for family members is often a
driving factor in accepting exploitative working situations when it appears that
there is no alternative”.
22
19
European Commission, Education and Training.
20
UN. GIFT. An Introduction to Human Trafficking.
21
FLEX. Vulnerability to human trafficking for labour exploitation (2016). Accessed September 12, 2019.
https://www.labourexploitation.org/publications/vulnerability-human-trafficking-labour-exploitation.
22
FLEX, Vulnerability to human trafficking.
11
• Crime – human trafficking has been identified as the “third largest transnational crime”
(Interpol, 2009). According to some studies, human trafficking is influenced by the high
level of organized crime and the lack of solid legislation aiming to reduce the
phenomenon. Even though in Romania, there is little research on organised crime; an
EUROPOL report presented a few characteristics of Romanian OCG’s. They found
them to be very mobile, controlled by few members, using strict hierarchical structures
and operating mainly on sexual exploitation market. Recent years showed some
development, with an increase weight for labour exploitation and forced begging. Also,
Romanian OCGs were among the OCGs that ’’often use physical violence, threats and
coercion against their victims, who experience severe physical and psychological
dependence’’
23
.
• Policy and institutional efforts – the unstable institutional context (corruption, conflicts)
especially in countries of origin may determine a higher level of human trafficking. At
the same time, there is a need of institutional engagement towards reducing the
phenomenon. Romania’s latest political context has been unstable, being affected by a
high level of corruption and challenges to the judicial independence
24
. The Corruption
Perception Index 2018 ranks Romania on the 61st position in the world (out of 183) and
the 4th most corrupted country in European Union (after Bulgaria, Greece and
Hungary)
25
.
Many reports state a connection between trafficking and limited economic
opportunities fostered by the persistence of inequalities and gender stereotypes, connecting
recent trafficking also to issues of international security and peace. For example, in the 2018
report of the Special Rapporteur on trafficking in persons, especially women and children there
is a strong focus on the gender dimension of trafficking in conflict and post conflict settings,
urging for the adoption of a preventive and human rights based approach
26
.
Without interrupting the exclusion cycle, the human trafficking will not disappear.
There is hardly any safety in a context characterized by:
a) Lack of material and/or emotional support within the family dynamics;
b) Increasing gaps between the students in terms of access to good quality education;
c) Promotion within the community of prejudices and stereotypes regarding women and
other disadvantaged groups;
23
EUROPOL. Situation Report Trafficking in human beings in the EU. 2016. Accessed September 12, 2019.
https://www.europol.europa.eu/publications-documents/trafficking-in-human-beings-in-eu.
24
Recommendation for a COUNCIL RECOMMENDATION on the 2018 National Reform Programme of
Romania and delivering a Council opinion on the 2018 Convergence Programme of Romania. Accessed
September 12, 2019.
https://ec.europa.eu/info/sites/info/files/2018-european-semester-country-specific-recommendation-commission-
recommendation-romania-en.pdf
25
Corruption Perception Index. 2018. Accessed September 12, 2019. https://www.transparency.org/cpi2018.
26
United Nations. Report of the Special Rapporteur on trafficking in persons, especially women and children.
2018. Accessed September 12, 2019. https://documents-dds-
ny.un.org/doc/UNDOC/GEN/N18/227/00/PDF/N1822700.pdf?OpenElement.
12
d) Lack of capacity/ resources/ best practices policies within the public institutions
responsible for welfare / social problems.
Figure 1– Exclusion cycle
1.3. International legal framework
International regulations reflect states’ commitment for child's rights, as well as the
willingness to develop a comprehensive framework that can provide protection against all forms
of violence.
UN level
1. Convention on the Rights of the Child (CRC), adopted in 1989 and ratified by
the Romanian Government in 1990 reflects children's right to protection against all forms of
violence and exploitation (art. 19, 32, 34-36). The CRC remains the cornerstone for the
protection of child’s rights. According to the convention, in the situation in which a state ratifies
multiple international treaties on the same topic, it should apply the “provisions which are more
conducive to the realization of the rights of the child” (p.4). Building on the overall framework
of the convention, but looking mostly at the dynamics of child trafficking, the UN proposed
member states the signature of the OPSC.
2. Optional Protocol to the Convention on the Rights of the Child on the sale of
children, child prostitution and child pornography (OPSC), adopted by the UN in 2000
and ratified by 129 states (including Romania in 2001) imposes minimum standards for the
Passive
community
Uninterested
media
Corrupted
state
institutions
Non-functional
family
Uninvolved
school
13
protection of child victims and mentions the right to seek compensation. It should be stressed
that the protocol puts a special emphasis on prevention using an equity lens
27
:
Art. 9 OPSC - "States Parties shall adopt or strengthen, implement and disseminate laws,
administrative measures, social policies and programmes to prevent the offences referred to in
the present Protocol. Particular attention shall be given to protect children who are especially
vulnerable to such practices. "
In order to provide a unitary translation of the UN regulations focused on child
trafficking, UNICEF developed the Handbook on OPSC
28
, listing the overall measures that
states should develop in order to ensure a protective environment for children. The measures
imply a mix of positive actions, referring mainly to the states' obligation to: ensure legal
compatibility between national and international regulations, create an independent institutional
body focused on child’s rights protection and respect, provide resource allocation for
implementing national strategies, develop a monitoring framework and ensure involvement of
civil society as well as transnational cooperation. The investment in education and raising
public awareness in relation to child trafficking is particularly listed as a prevention strategy all
states should put in practice.
3. 1999 ILO Convention concerning the Prohibition and Immediate Action for the
Elimination of the Worst Forms of Child Labour (‘Worst Forms of Child Labour
Convention’, No. 182) clearly points out at states obligations in terms of protective and
preventive measures related to child labour.
3. 2000 - ILO Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, Supplementing the United Nations Convention Against
Transnational Organized Crime (‘Palermo Protocol’) specifically focuses on the issue of
consent, as a key element for assessing the legal dimension of various crimes.
4. 2011 - UN General Comment no. 13 on the right of the child to freedom from all
forms of violence.
4. 2015 - Sustainable Development Goals - no. 16.2 –includes a specific goal on ending
abuse, exploitation, trafficking and all forms of violence and torture against children
5. 2016 - Resolution 2331 of the Security Council (2016) makes a clear connection
between trafficking, sexual violence, terrorism and transnational crime. Sexual slavery or any
other form of sexual violence as well as conscripting and enlisting children can also amount to
war crimes, if committed in the context of an international or non-international armed conflict
and calls upon member states to : "consider as a matter of priority ratifying or acceding to and
to fully implement the United Nations Convention Against Transnational Organized Crime and
its Protocol to Prevent, Suppress and Punish Trafficking of Persons, Especially Women and
Children, as well as all relevant international instruments; to take decisive and immediate action
to prevent, criminalize, investigate, prosecute and ensure accountability of those who engage
in trafficking of persons, including in the context of armed conflict, in which it is particularly
27
Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children. 2000.
Accessed September 12, 2019.
https://www.ohchr.org/en/professionalinterest/pages/protocoltraffickinginpersons.aspx.
28
UNICEF. Handbook on the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography
(2009). Accessed September 12, 2019. https://www.unicef-irc.org/publications/pdf/optional_protocol_eng.pdf.
14
important that evidence of such crimes be collected and preserved so that investigations and
prosecutions may occur”
29
;
Council of Europe level
2007 - Council of Europe adopted Convention on the Protection of Children
against Sexual Exploitation and Sexual Abuse criminalizes new conduct, such as using the
services of a child prostitute or the possession of child pornography.
European Union
2011 - European Directive 2011/36/EU on preventing and combating trafficking of
human beings and protecting its victims - promotes a holistic approach (discourage the demand,
build capacity, provide unconditional assistance to victims and prevention of secondary
victimization)
2. Trafficking of human beings in Romania
Relevant statistics for Romania
According to many reports, Romania is mostly a country of origin for the victims of
trafficking, with traffic for sexual exploitation being the prevalent form and the main destination
countries being Italy, Spain, Germany, France. While building its strategy against human
trafficking up until 2022, Romania reported a victimization rate of 4.33 for 2012-2016
timeframe.
30
In a 2016 Research Brief on Romania where UNODC experts used the statistical
technique of capture - recapture to count for hidden population, the study concluded that in the
case of human trafficking: ''numbers of presumed victims are 1,300 and 1,200 respectively,
suggesting a downward trend for 2015 and 2016. The rate of trafficking victims per 100,000
population in 2015 was 6.1. The victimization rates are 9.5 for females and 2.6 for males. In
terms of detection, this result suggests that the chances to be detected are significantly lower
for minor victims than for adult victims. Moreover, in Romania, female victims appear to be
somewhat less likely to be detected than male victims.''
31
From a child’s rights perspective, it is important to mention that during 2012-2016
the victimization rate was significantly higher in the case of minors (8.65 compared to 3.33 in
the case of adults)
32
, with Ialomita, Mures, Covasna, Bacau and Brasov being the top counties
in terms of minor victimization rate. Considering all of the above, it is to be mentioned that the
current national strategy 2018-2022 refocused its attention on the situation of adolescents aged
13-17, potential victims of sexual exploitation.
Romania is in top 5 at EU level in terms of citizenship of registered victims and number
of prosecutions (conviction cases handled for all types of exploitation). Also, Romania ranks
29
United Nations Security Council. Resolution 2331. 2016. https://undocs.org/S/RES/2331(2016).
30
National Strategy against Human Trafficking 2018-2022. Accessed September 12,2019.
http://webapp.mai.gov.ro/frontend/documente_transparenta/96_1513085656_STRATEGIE%202018-2022.pdf.
31
UNODC. Monitoring Target 16.2 of the United Nations Sustainable Development Goals: multiple systems
estimation of the numbers of presumed victims of trafficking in persons. Accessed September 12, 2019.
https://www.unodc.org/documents/data-and-analysis/glotip/MSE_Research_Brief_Romania.pdf.
32
UNODC, Monitoring Target, 5.
15
first in terms of number of reported persons suspected, arrested or cautioned (2777)
33
.
According to the same data study Romania is found among Top 5 EU countries with the largest
number of registered victims both for the 2010-2012 time interval and for the 2015-2016 data
report.
GRETA report (2016) mentions that the scale of internal trafficking in Romania has
been on the rise, with some 35% of identified victims being trafficked internally in 2011-2014.
The share of internal trafficking of child victims was even higher (78%). The same report states
that only 15 people were identified as foreign victims of trafficking in Romania for the 2011-
2015 period, mainly due to the fact that procedures for identifying foreign victims of trafficking
in Romania do not appear to be well developed
34
. On the other hand, a more recent report citing
media reports and the 2017 US Embassy report state that the number of foreign victims of
trafficking in Romania is on the rise
35
.
When it comes to victim
identification, in accordance to the
official Romanian reports, we can see
that the number of registered cases
decreased over the last 4 years by
approx. 43%. This data could have 2
interpretations: (1) the phenomenon
has decreased; (2) the institutions are
not efficient in identifying victims.
In their 2017 report, The
Ministry of Internal Affairs could not
offer a reason for the decrease in the
number of registered victims, but they
state that the demographics and the
trends are constant despite their best
efforts to inform general public of the
human trafficking traps. The National
Agency Against Trafficking believes the “decrease could be influenced by various,
interdependent factors that can be related to the areas of intervention and / or monitoring, such
as prevention, identification, notification, reporting, interinstitutional cooperation at national/
European/ international level”. Thus, an in-depth analysis would be needed in order to identify
the factors.
According to the National strategy against human trafficking for 2018-2022 which
analysed data for the interval 2012-2016, there is a difference when assessing counties by rate
of victimization or by raw number of identified victims. Nevertheless, one can see that some
counties remain in the top 10 as presented in table 1.
Table 1 - Top 10 counties by victimization rate and by number of identified victims for 2012-2016
33
European Commission, Data collection on trafficking in human beings.
34
GRETA. Report concerning the implementation of the Council of Europe Convention on Action Against
Trafficking in Human Beings by Romania. Accessed September 12, 2019. https://rm.coe.int/16806a99b1.
35
Rusev, A., Raets, S., Terenghi, F., Rodríguez, S. U., Kojouharov, A., Nicolae, R., & Sirseloudi, M. Financing
of Organised Crime: Human Trafficking in Focus. Financing of Organised Crime: Human Trafficking in Focus.
2019. https://doi.org/10.13140/RG.2.2.36697.36961
880
756 662
497
2015 2016 2017 2018
Number of officialy identified cases in
Romania (2015-2018)
Figure 2- Number of human trafficking cases 2015-2018
16
Top 10 counties by victimization rate
(measured for 100000 inhabitants)
Top 10 counties by number of identified
victims (2012-2016)
Ialomița
Mureș
Mureș
Bacău
Covasna
Dolj
Bacau
Brașov
Brașov
Constanța
Olt
Iași
Galați
Galați
Salaj
Timiș
Dolj
Argeș
Vaslui
Olt
Other reports state that almost “30% of the victims in the 2013 – 2016 period originate
from five Romanian counties. Dolj (177 registered victims), Constanța (173 victims), Brașov
(172 victims), Mures (172 victims) and Timis (122 victims)’’
36
. In addition to these, Iași, Bacău
and Galați are mentioned by the same report as registering more than 100 victims.
Using public data provided by NAATP for the last four years (2015-2018), we present
some comparative data in order to see the evolution of the phenomenon over the last years.
Figure 3- Evolution of number of cases for top 10 counties 2015-2018
Throughout the years, the top 10 counties in terms of number of cases changed. From
the counties presented in figure 4, 4 counties made it to top 10 only for 2 years out of the entire
36
Rusey, Financing of Organised Crime.
39 32 34 27 34 46
22 45 22 35
45 44 29 35 24
26
41
38
6
38
68
46 59
34 32 20 17
10
57
16
32
28 14
21 25 21 32 17 19 11
Number of cases for top 10 counties in Romania (2015-2018)
2015 2016 2017 2018
17
period (Bacău, Brașov, Sibiu, Argeș), another 4 counties were present in the yearly top 10 for
3 years (Galați, Iași, Prahova, Vrancea). Unfortunately, 2 counties remained in top 10
throughout the entire period (Dolj and Constanța).
Table 2 – Number of cases by form of exploitation – yearly progression 2015-2018
Exploitation form/Year
2015
2016
2017
2018
sexual exploitation
498
530
454
335
forced labour
180
132
79
100
forced begging
69
68
35
26
attempt
66
16
48
27
other situations
56
6
3
1
forced to commit theft
11
4
43
8
When assessing the evolution of the forms of exploitation throughout the 4 years, it can
be observed that there were yearly changes in the severity of each form of exploitation. The
incidence of sexual exploitation increased throughout the referenced period (2015-2018), while
others, as is the case for begging, decreased. Unfortunately, regardless of the reference time-
frame we take into consideration, sexual exploitation remains prevalent.
According to Financing of organised crime - human trafficking in focus study sexual
exploitation is the main mode of exploitation, as there is a high demand in Europe for sexual
services, with large consumer countries (places where sex city breaks are being organised with
dedicated low-cost flights). Regarding the labour exploitation, the same study states that
trafficked workers are being exploited in agriculture (72%), begging (11%) and construction
(8%) and advances some hypotheses for the lesser representation in statistics of labour
exploitation: “Men typically do not consider themselves victims of human trafficking. They
interpret exploitation as deception and are reluctant to submit complaints, thinking worse things
happened in life. Labour complaints are submitted by Romanian workers in the country of
exploitation and they are prosecuted by other countries’ agencies or law enforcement agencies
in Romania consider the crime as deception. This happens because labour exploitation is seen
mainly as a labour matter, a civil dispute. The other reason is that deception is more easily
prosecuted, the evidence for trafficking being hard to obtain’’
37
.
The report for the years 2011-2016 mentions that most of the victims came from rural
areas (57%).
38
Considering the level of education, most of the victims (46%) had completed
lower secondary education (5 to 8 grades), followed by upper secondary (26%) and primary
(14%).
39
37
Rusey, Financing of Organised Crime.
38
NAATP data, quoted in Rusev, A., Raets, S., Terenghi, F., Rodríguez, S. U., Kojouharov, A., Nicolae, R., &
Sirseloudi, M. Financing of Organised Crime: Human Trafficking in Focus. Financing of Organised Crime:
Human Trafficking in Focus. 2019.
39
Rusey, Financing of Organised Crime.
18
Figure 4 – Gender distribution of victims (2015-2018)
Regardless of year, it is clear that females are the most vulnerable to exploitation.
The percentage of female related cases is slightly above the average registered in Europe (68%
for 2015-2016 in Europe
40
versus 71.88% in Romania). If we look at a longer period (2011-
2016), NAATP reports
41
that 68% of the registered victims were females. If we change the
perspective and we move towards an European view, Europol 2018 reported that 56 % of the
registered victims were trafficked for sexual exploitation, (without including the UK this
percentage changes to 65%) out of which 95% of were female. This shows the gender
dimension of THB phenomena that is often disregarded.
40
European Commission, Data collection on trafficking in human beings, 14.
41
Rusey, Financing of Organised Crime.
34%
22% 24% 27%
66%
78% 76% 73%
2015 2016 2017 2018
Gender distribution of victims (2015-2018)
Male
Female
19
Figure 5 - Exploitation victims by age (minors vs. majors – yearly progression 2015-2018
Unfortunately, the percentage of cases involving children and teenagers (up to 17
years old) increased from 2015 to 2018. The Romanian average for 2015-2016 (41.38%) is
almost twice as big as the average registered in Europe for the same period (23%)
42
. According
to a previous study that analysed data for the 2011-2016 interval, out of the total female victims
(68%), half were girls/minors while with respect to men (the remaining 32%), only 10% were
boys/minors.
Figure 6 – Adult/Minor split per genders 2015-2018
42
European Commission, Data collection on trafficking in human beings, 14.
64%
53%
49%
57%
36%
47%
51%
43%
2015 2016 2017 2018
Human trafficking victims by age in Romania (2015-2018)
Adult Minor
*minor=0-17 years old; adult=+18years old
20
If we also look at the split per gender of trafficked adults and minors, we can clearly see
that the female group is the most vulnerable one, regardless of age. According to the data,
Romanian girls found themselves part of the identified trafficked human beings 5 times more
than boys, while women twice more than men.
Sexual exploitation of children has
even a higher impact than the sexual
exploitation of all victims (including
children) and despite the variations
throughout the years’ latest data present an
ascending trend. For example, in 2015
78.48% of the cases of children
exploitation referred to sexual
exploitation. That increased to 86.12% in
2016, decreased back to 71.18% in 2017,
only to increase by 12% to 83.49% in
2018.
Table 3 – Minor victims cases by form of exploitation (2015-2018)
Explotiation form/Year
2015
2016
2017
2018
sexual exploitation
248
304
242
177
forced begging
32
28
6
7
attempt
23
10
24
15
forced labour
8
8
26
9
forced to commit theft
4
1
42
3
other situations
1
2
1
When it comes to adult
exploitation, things seem to
appear slightly more balanced
while talking about forms of
exploitation, with labour
exploitation and sexual
exploitation being detached
leaders. According to previous
reports conducted for the 2011-
2016 available data on identified
victims in Romania, 33% of the
victims were in the 18-25 years
old cluster, 32% were 14-17
years old while the next relevant
age cluster (18%) were those 26-
78% 86%
71%
83%
2015 2016 2017 2018
Proportion of minor (0-17 years old)
victims of sexual exploitation in
Romania
44%
56%
66%
55%
30% 31%
16%
32%
2015 2016 2017 2018
Adult victims by form of exploitation in Romania
(2015-2018)
Sexual exploitation Forced labour
Figure 7 - Proportion of minors (0-17 years old) victims of sexual
exploitation
Figure 8 - Adult victims by form of exploitation 2015-2018
21
40 years old.
43
In terms of family background, 53% of the victims were raised by both parents
and 28% by single parents, with 14% raised in foster homes and abandoned.
44
Table 4 – Number of adult victims by form of exploitation 2015-2018
Adult exploitation form
2015
2016
2017
2018
sexual exploitation
250
224
212
158
forced labour
172
124
53
91
other situations
55
4
3
0
attempt
43
6
24
12
forced begging
37
40
29
19
forced to commit theft
7
3
1
5
2018 was a typical year when it comes to patterns of exploitation. It is to be noted that
the exploitation of females for sex (regardless of age) was present in 63.38% of the total number
of cases registered throughout the entire year. As can be seen in Table 5, male are more exposed
to forced labour, 92 male cases were registered in 2018 compared to only 8 feminine cases.
Table 5 – Gender distribution of different exploitation forms in 2018
43
Rusey, Financing of Organised Crime.
44
NAATP data, quoted in Rusev, A., Raets, S., Terenghi, F., Rodríguez, S. U., Kojouharov, A., Nicolae, R., &
Sirseloudi, M. Financing of Organised Crime: Human Trafficking in Focus. Financing of Organised Crime:
Human Trafficking in Focus. 2019.
Exploitation form
Female
Male
Attempt
24
3
Forced begging
12
14
Forced labour
8
92
Forced to commit theft
3
5
Sexual exploitation
315
20
Other situations
0
1
22
Out of the total cases
registered in 2015-2018, in
49% of them the victims were
recruited by someone they
knew, 9% by their significant
other, 2.7% by their first-
degree relatives, 3.7% by other
relatives. Thus, the majority of
registered victims were
trafficked by a family relative
or another person from their
network.
According to NAATP
data, 24% of the victims
registered during 2015-2018
were recruited by unknown
persons.
The percentage of victims trafficked by people they know is constant throughout the
years, ranging from 68.75% in 2015 to 74.17% in 2017. In 2018, 67.40% of victims were
trafficked by people they knew (significant other/partner/ husband-wife, 1st degree relatives,
friends, neighbours).
According to the Financing of organised crime - human trafficking in focus study half
of the victims identified in Romania according to NAATP data for the 2011-2016 interval were
recruited by acquaintances or friends and “33% by individuals not previously known to them,
10% were recruited by family (including parents) or spouse/partner. Other recruiters included
neighbours and pimps. The most common recruiting promise was foreign job offering (41% of
victims), followed by prostitution and pornography (24%), and domestic job offering (14%).
Most of the victims were recruited in person (88%), 3% by newspaper advertisement and 2%
online’’.
45
Table 6 – Number of cases by recruitment manner (2015-2018)
Recruitment manner
2015
2016
2017
2018
acquaintance/friend
479
374
296
239
unknown person
206
200
151
121
neighbour
51
30
44
18
significant other
42
81
81
49
pimp
38
19
17
41
other relatives
33
37
16
18
NA
31
3
3
0
1st degree relatives
0
12
54
11
45
Rusey, Financing of Organised Crime.
49.0%
24.0%
9.0% 5.0% 4.0% 3.7% 2.7% 1.3%
Proportion of victims by recruitment
manner(total 2015-2018)
Figure 9 - Proportion of victims by recruitment manner
23
The same study
46
mentions that Romania is the preferred country of exploitation
(internal exploitation), with almost half (48%) of the NAATP registered victims in the period
2011 – 2016 exploited in Romania. One of the NAATP representative mentioned the victims
are trafficked internal (in Romania) before they are 18 years old because it is more difficult to
take them out of the country while they are minor. The other half was exploited abroad, top five
destinations including Italy (14% of total registered victims), Spain (11% of total registered
victims), Germany (9%), Greece (4%) and UK (3%).
In 2015-2018, the majority of
registered victims were trafficked internal
(in Romania). The top 4 destination
countries are Italy, United Kingdom,
Germany and Spain.
The descriptive data reveal a need
for more focus on internal measured for
combating trafficking.
Figure 11- No of cases by country of destination and age status (adults vs minors) years 2015-2018 without Romania
Figure 11 presents the incidence of human trafficking per destination country and it is
easily observed that adults comprise the vast majority of Romanian citizens trafficked abroad.
Nevertheless, since almost 12% of the persons trafficked abroad are minors, their number
46
Rusey, Financing of Organised Crime.
52.3%
9.4%
7.9%
7.3%
6.0%
ROMANIA
ITALY
UK
GERMANY
SPAIN
Top destination country of trafficked
victims identified in Romania (total
2015-2018)
Figure 10 - Top destination country of trafficked victims identified
in Romania (total 2015-2018)
24
cannot be neglected. Out of the 150 minors that were identified and registered as being
trafficked abroad in 2015-2018, 84 were exploited sexually and 33 were forced to beg. In terms
of gender, 136 were females and 13 were males.
Main findings from NAATP data (2015-2018):
• The number of registered cases decreased by more than 40% from 2015-2018;
• The incidence of sexual exploitation increased throughout the reference period;
• Females are the most vulnerable to exploitation;
• The percentage of cases involving children and teenagers (up to 17 years old)
increased from 2015 to 2018;
• In 2018, 67.40% of victims were trafficked by people they knew (significant
other/partner/ husband-wife, 1st degree relatives, friends, neighbours).
• 52% of all trafficked victims (2015-2018) were exploited internally (Romania).
3. National legal framework (legislation and strategic papers)
Human trafficking has been defined in the European Union Directive 2011/36/EU on
preventing and combating trafficking in human beings, protecting its victims and Romania has
adapted the definition in the Criminal Code, as it can be seen in the table below.
Table 7 – Legal definitions of human trafficking and human exploitation
Human trafficking (Article 210) is:
Human exploitation (Article 182) is:
1. Recruiting, transporting, transferring, sheltering
or receiving a person for the purpose of his/her
exploitation:
a) by coercion, kidnapping, misleading or misusing
authority;
b) taking advantage of the inability to defend or
express their will or the manifest vulnerability of that
person;
c) by offering, giving, accepting or receiving money
or other benefits in exchange for the consent of the
person who has authority over that person, he/she is
punished with imprisonment from 3 to 10 years and
the prohibition to exercise certain rights.
2. The consent of the victim of trafficking is not a
justifying cause
a) submitting to the execution of a job
or performing services, by force;
b) keeping them in a state of slavery
or other similar processes of
deprivation of liberty or enslavement;
c) the obligation to practice
prostitution, pornographic events for
the production and dissemination of
pornographic materials or other forms
of sexual exploitation;
d) compelling for practicing beggary;
e) removal of organs, tissues or cells
of human origin, illegally.
The National legislation for the prevention and fight against human trafficking was
developed in early 2000, integrating multiple provisions from international conventions
previously ratified by the Romanian state, as well as European regulations (EU Directive
2011/36). The specific regulations are to be found in the Law 678/2001 on preventing and
countering TIP, for the application of which a new public institution was created under the
Ministry of Interior – The National Agency against Trafficking in Persons, ensuring the overall
coordination of national public policies against trafficking (Government’s Decisions 1584/2005
and 1083/2006 on the setting-up, organisation and functioning of the National Agency against
25
Trafficking of Persons). Special national standards for the provision of specialized services for
victims of trafficking were approved through the Government Decision 1238/2007.
To avoid inconsistent practice, changes to the Criminal Code became operational beginning
with 2009, regulating the crime of trafficking against persons.
Multiple normative acts complete the legal framework and include specific provisions
related to child trafficking:
- Law 306/2005 on amending Government’s Emergency Ordinance 194/2002 on aliens’
status in Romania;
- Law no. 18/1990 (ratifying the UN Convention on the Rights of the Child;
- Law no. 272/2004 on the protection and promotion the Rights of the Child;
- Government Decision no. 49/2011 on the methodology on prevention and
multidisciplinary teams in case of child victims of trafficking;
- H.G. 1443/2004 on unaccompanied minors.
Recently, the Istanbul Convention on violence against women (also ratified by
Romania) introduced more nuanced approaches in the fight against all forms of violence against
women, including trafficking.
In order to translate into practice the multiple normative provisions, starting with 2006
Romania drafted the national strategies. In the table below, the main objectives of these 3
strategies can be identified, covering the period of time since 2006 up to the present.
Table 8 – National Strategies’ objectives (2006-2022)
National
Strategies
Objectives
2018-2022
1. Strengthening and diversifying measures to prevent trafficking of human
beings;
2. Improving the quality of protection and assistance provided to victims of
trafficking of human beings in view of social reintegration;
3. Develop capacity to investigate trafficking offenses and trafficking in
minors;
4. Increasing the quality of disseminated information on the phenomenon of
trafficking in human beings;
5. Developing and expanding the cooperation process among the relevant
national and international actors involved in the fight against human trafficking
as well as the promotion of diplomatic action to prevent and combat trafficking
in human beings and to protect Romanian citizens in the countries of
destination;
2012-2016
1. Dynamic prevention activities and civil society participation in their
development;
2. Improving the quality of protection and assistance provided to victims of
trafficking in human beings for reintegration social;
3. Improving the institutional capacity to investigate trafficking crimes,
especially cases of juvenile trafficking, as well as the prosecution of criminal
proceeds by criminal prosecution bodies;
4. Increase the capacity to collect and analyse data on the trafficking of human
beings;
26
5. Optimise and extend the process of interinstitutional and international
cooperation to support implementation of the national strategy against
trafficking of human beings;
2006 -2010
1. Create and develop a centralized national system for data collection on
human trafficking, which will include statistical data on the prevention and
fight against the phenomenon and the assistance given to the victims;
2. Periodic research and evaluation of the characteristics, dimensions and
evolution of the phenomenon of trafficking of human beings.
The quality of the written strategic documents has been improved (using specific
indicators, analyzing the phenomenon based on official date from the previous years), but the
implementation actions are not visible (no public reports are available regarding
implementation of the action plan).
The current Strategy was approved in October 2018, afterwards, NAATP created the
Implementation Monitoring Mechanism and worked for its operationalization. They also
formed an experts group to monitor the implementation of victims’ assistance and protection.
At regional level, the centers organized meetings with institutions and NGOs representatives to
debate intervention methods in identified cases. Also, prevention activities were implemented
at local, regional and national level
47
. Thus, the first implementation year was less about
concrete actions and more about the operationalization process.
In 2007, Romania has also designed a National Mechanism for Identification and
Referral of Victims of Trafficking of Persons which was supposed to improve the identification
of victims based on specific traits such as gender (victims are generally female), age (victims
tend to be aged between 18 and 25 years old), social characteristics (poverty, discrimination,
marginalization), lack of legal papers, the place where the victim was identified (periphery,
night club, etc.), the circumstances in which the victim has been identified, signs of any kind of
abuse, the existence of an evaluation or opinion of another institution or organization.
As it was observed also by the GRETA Report (2016), this mechanism is not effectively
implemented and one of their recommendation was to “make sure that whenever there are
reasonable grounds to believe that a person is a victim of THB, he or she is identified as a victim
of THB and provided with the assistance and protection measures provided for in the
Convention, regardless of whether an investigation into trafficking is opened and whether the
person cooperates with the investigation”.
4. Responsible institutions
In Romania, according to the latest Strategy
48
, 7 ministries and 9 institutions are
responsible for preventing and combating human trafficking and other 20 institutions might
also be involved depending on the situation. All these institutions are part of the Monitoring
Committee for the Anti-Trafficking Action Plan implementation, but no monitoring reports are
available on the official website.
47
Information received from NAATP.
48
National Strategy against Human Trafficking 2018-2022.
27
Table 9 – Institutions responsible for implementing the National Anti-trafficking strategy
Ministry of the Interior
▪ National Agency against Human
Trafficking
▪ General Inspectorate of Romanian
Police
▪ General Inspectorate of Border Police
▪ General Inspectorate for Immigration
▪ Prefecture
Ministry of Labour and Social Justice
▪ National Authority for the
Protection of the rights of the child
and adoption
▪ Authority for the Protection of
Disabled Persons
▪ National Agency for Labour Force
▪ Labour Inspection
Ministry of Justice
Ministry of Health
Ministry of Education
Public Ministry
Ministry of Foreign Affairs
Superior Council of Magistrates
The National Agency against Trafficking has two main roles: (1) it ensures the
drafting of the National Strategy anti-trafficking and the Action Plan attached to the strategy
based on the proposals received from institutions with different roles in the field (according to
the responsibilities as under HG 460/2011, amended and updated) and monitors and evaluates
the implementation of the Strategy and Action Plan
49
and (2) National Rapporteur on human
trafficking for Romania.
The consultations for drafting the Strategy are mainly carried out through the work of
an inter institutional working group gathering public and private institutions, including: General
Police, Border Police, Ministry of Labour, Ministry of Education, Ministry of Health, Ministry
of Foreign Affairs, National Agency for Roma, National Agency for Equal Opportunities
between Women and Men, as well as civil society.
The budget spent by NAATP has increased with 50% from 2012 until 2018 which is the
year with the highest budget. Most of the budget is spent on human resources costs, the
proportions vary among years from 71% in 2013 to 91% in 2017. The budget does not include
any cost for social assistance because NAATP is not responsible for ensuring protection and
assistance for the victims.
49
Decision no. 460/2011 regarding the organization and functioning of National Agency Against Trafficking
28
Figure 12 – National Agency against Trafficking spendings between 2012-2018
NAATP has 15 regional centers in its coordination. The role of these centers is to
coordinate anti-trafficking actions at regional level by analysing the phenomenon, monitoring
the Action Plan’s implementation, facilitating communication between different institutions
50
.
However, in terms of ensuring the overall protection of children, the overall
responsibility lies with the National Agency for the Rights of the Child and Adoption, as
focal point for the prevention of all forms of violence against children, including trafficking.
As per recent activity reports of the Ministry of Internal Affairs
51
(2019), national
actions on trafficking in persons were focused on prevention, mainly targeting potential victims.
36 awareness raising campaigns were carried out, while training was provided to 122.000
persons. The report mentions 163 actions against trafficking, leading to the dismantling of 51
crime groups. At the same time, it is worth mentioning the limited institutional capacity to
provide specialised services to victims: 236 victims received assistance in 2018 within the
reintegration program (for 166 of them, assistance was provided by state institutions while the
rest by NGOs
52
). Besides this, 349 victims received assistance within the criminal process.
The limited national institutional capacity to fight trafficking, reduce demand and
provide specialised assistance to victims remains however a significant bottleneck, as
mentioned by multiple international reports.
50
NAATP official website. Accessed September 12, 2019. http://anitp.mai.gov.ro/centre-regionale/.
51
Ministry of Interior, Report on the activity implemented by the Ministry of Interior in 2018 year (2018).
Accessed September 12, 2019 http://www.mai.gov.ro/documente/evaluari/BILANT%20MAI%202018.pdf.
52
33 of the victims received assistance through public – private partnership (both state and NGOs)
4450
6620
5844
5501 5601 5451
6565
2012 2013 2014 2015 2016 2017 2018
29
5. Victims, traffickers and networks
One of the biggest challenges of human trafficking is identifying the victims. As it was
already mentioned in the previous chapters, the number of registered victims is very small (497
for 2018). Out of the 497 victims, less than half received assistance from the state, NGOs or
public-private partnership
53
. According to NAATP declaration, part of the victims refuse
assistance due to multiple reasons such as they do not consider it necessary, they have family
support, they are afraid of being judged and stigmatized, they intend to leave the country;
sometimes the victims initially accept the assistance and then refuse it and the other way around
(when they first refuse and then accept). The perspective should be researched in order to find
and understand the victims’ opinion of such help from the state.
The state institutions responsible for providing assistance for the victims are: The
General Directorates of Social Assistance and Child Protection, County Agencies for
Employment, County Public Health Directorate, County School Inspectorates. NAATP’s
regional centers realizes the initial victims’ needs evaluation and ensures the referring of the
victim to the responsible institution, monitoring the assistance provided to the victim.
According to NAATP, "assistance and protection services, both within the recovery and
reintegration program and within the coordination program in the criminal process, are provided
according to the individual needs identified, the informed consent of the victim and the
evolution of the situation”
54
. One victim could benefit from both programs or only from one of
them.
The Romanian Law provides several mechanisms for victims’ protection and
reintegration. In 2018 only few of them were applied, as analyzed by the U.S. Embassy
55
in
Romania:
• In 2018, the state managed 6 shelters for victims (1 of which managed in partnership
with an NGO). Unfortunately, most of the children victims were sent to residential care
institutions (for example, institutions for disabled children) where, it is possible they
suffered other abuses
56
; the information should be further investigated.
• Another issue is related to the victims from abroad (44%) for whom the state institutions
or the local NGOs didn’t provide money in order to cover the transportation; they only
received official travelling documents;
• Even though the Romanian law ensures victims’ rights to psychological and medical
counseling, the public institutions only offered 1 free therapy session and no medical
services;
• The victims are entitled to public defenders. Most of the times the public defenders do
not have experience on the subject and are not prepared enough to work with human
trafficking victims. Moreover, the Ministry of Justice did not protect the victims’
identity by publishing the witnesses’ names on their public website.
53
U.S. Embassy in Romania. 2019 Trafficking in Persons Report (2019). Accessed September 12, 2019.
https://ro.usembassy.gov/ro/raportul-privind-traficul-de-persoane-2019/.
54
Written responses to the research team questions.
55
U.S. Embassy in Romania. 2019 Trafficking in Persons Report.
56
Roth, M., Antal, I., Dávid-Kacsó, A., László-Bodrogi, E., Mureşan, A.. Violence and Trauma in the Romanian
Residential Child Protection, Revista de Asistenţă Socială, anul XVII, nr. 3/2018, pp. 33-52
30
The NGOs activating in the field and offering services to the victims found themselves in
the position of covering some of the states’ responsibilities, though lacking the necessary
financial support. Due to administrative and legal issues, the government didn’t allocate any
money for this purpose.
According to NAATP official data, in 2018, 236 victims received assistance (133 from the
state institutions, 70 from the NGOs and 33 through public-private partnership). 58% of the
victims who received assistance were children (under 18 years old). Most of the victims
received psychological counselling (73%) especially the ones assisted by the state institutions.
Almost 30% of the victims also received medical assistance and material benefits (such as
cloths, medicine, food). 27% of the benefitted from temporary shelters. In terms of victims’
reintegration, 20% of them received professional counseling, only 2% participated in
professional training and 5% were inserted into the labour market. Again, one of the biggest
challenges it is to support the victims’ reinsertion into work. If only 13 victims found a job,
what happened to the others? We could speculate part of them became victims again due to
vulnerabilities, but an in-depth research it is needed.
Figure 13 – Number of assisted trafficking victims in 2018 (by state institutions and NGOs)
Table 10- Victims’ protection in Romania (according to Law No. 678/ 2001 and Law no. 211/ 2004)
Private life and identity are protected
Physical, psychological, medical and social protection
Special protection and assistance for the women victims and for the women at high risk of
becoming victims
They can be hosted in Assistance and Protection Centers for a limited period of time (90
days usually, but the period can be extended to 90 days)
Professional training, work counselling and mediation for identifying jobs
They have priority in receiving social houses from the Local Councils
Legal assistance
125
46
27
45
30
5
22
5
3
48
31
46
19
18
40
4
9
10
Psychological assistance
Medical Assistance
Material benefits
Temporary shelter
Professional counselling
Financial help
School reintegration
Legal aid
Work reinsertion
Trafficked victims' assistance by public institutions and
NGO (2018)
Public institutions NGOs
31
Financial compensations
The same report of the U.S. Embassy in Romania mentions that “the government
decreased law enforcement efforts”
57
. Thus, in 2018, only 695 new cases of human trafficking
were opened while 399 suspects were indicted and only 130 traffickers were convicted (approx.
30% of them received suspended sentences).
The U.S. Embassy in Romania
58
also makes a very strong statement that some state
institutions are suspected of being accomplices to the traffickers, especially in the case of
government placement center for children. This statement should be investigated by journalists
and researchers, complementing the findings with the state institutions responses, in order to
better understand the broader picture.
Although several human traffickers’ networks were dismantled by the Directorate for
the Investigation of Organised Crime and Terrorism, still very few victims were identified. In
some cases, the number of arrested traffickers is higher than the number of the network’s
identified victims. For example, in Pascani, the law enforcement officers arrested 7 traffickers
and only 5 victims were saved from Italy where the exploitation was happening
59
.
6. Key challenges in preventing and combating human trafficking
Human trafficking is a major problem in the EU and through EU Strategy on eradicating
human trafficking 2012-2016 five key areas have been identified:
1. identify, protect and assist victims of trafficking;
2. step up the prevention of trafficking in human beings;
3. pursue the prosecution of traffickers more robustly;
4. enhance coordination and cooperation among key actors, including at the level
of policy;
5. increase knowledge of, and produce effective responses to, all forms of human
trafficking.
In Romania, those key areas present unique challenges which we will detail below.
1) Identify, protect and assist victims of trafficking
In Romania, as found by multiple surveys and reports, there are a number of barriers
when it comes to victim identification, protection and assistance.
Identification
First of all, the law enforcement and other relevant state institutions lack sufficient skills
to identify victims as such, not recognizing the signs that may indicate a form of exploitation.
57
U.S. Embassy in Romania. 2019 Trafficking in Persons Report.
58
U.S. Embassy in Romania. 2019 Trafficking in Persons Report.
59
Mediafax. „DIICOT a destructurat o reţea de trafic de persoane din România care acţiona şi în străinătate”
(June 6, 2019). Accessed September 12, 2019. https://www.mediafax.ro/stirile-zilei/diicot-a-destructurat-o-
retea-de-trafic-de-persoane-din-romania-care-actiona-si-in-strainatate-18159428.
32
Although some trainings have been conducted, they were mainly oriented towards
identification of sexual exploitation victims, and not necessarily towards victims of forced
labor, begging or other forms of exploitation. Moreover, those training mainly target law
enforcement and social workers, but not other relevant categories (such as teachers, doctors,
lawyers).
Another barrier when it comes to formal victim identification comes from the fact that,
even if the signs are recognized, people do not know the necessary steps to be taken in order to
protect the victim, and, therefore, do not refer the case to the proper authorities (or to any
authority, as a matter of fact).
Protection
The second direction of this key area is protection of victims and Romania faced a huge
barrier when it comes to identity protection. One of U.S. Embassy’s prioritized
recommendations is to ‘’Exempt all trafficking victims who testify in trials from the online
disclosure of their names to protect participating witnesses from retaliation and stigma and to
incentivize greater victim participation in prosecutions’’
60
Assistance
When it comes to assistance, we may discuss residential assistance, legal representation
and reintegration as the three main services to be offered to victims of exploitation.
Residential services
First of all, there is a lack of access to specialized residential services. A report from
2015 discovered that “most of the centers for the victims of trafficking (…) were non-
functional. These centers cannot shelter victims”
61
. Another report discovered that the state-run
assistance shelters were able to absorb less than 30% of the victims who entered assistance
programmes and faced high personnel turnover rates. “Further, there is a scarcity of
psychologists for victims, and victims had difficulty qualifying for medical coverage because
they were not previously part of the formal labor market.”
62
. Even if a victim accesses the
system, “it is not possible to exceed 90 days of assistance, if the victim is not part of a criminal
trial.”
63
After those 90 days there is no state provided safety net for that victim.
The second area is the lack of temporal “stability” of traffic centers. Since most of those
centers are closed, ‘the authorities must use alternative solutions or "emergency solutions" such
as adult victims’ accommodation in different structures providing assistance for the homeless,
centers for mothers with children at risk, centers for victims of domestic violence. (…) These
“alternative solutions”, such as centers for mothers with children at risk, centers for victims of
domestic violence, emergency reception centers for minors do not provide specific assistance
for victims of trafficking”.
64
60
U.S. Embassy in Romania. 2019 Trafficking in Persons Report.
61
Gradinaru, Ciprian. Analysis of support services for victims of human trafficking (Bucharest: 2015), 43.
Accessed September 12, 2019.
http://www.anitp.mai.gov.ro/ro/docs/Cercetare/Analize/Ro20/Analysis%20of%20support.pdf.
62
Talita. Breaking Free Improving support services for Romanian women and girls exploited in prostitution or
sex trafficking (Sweden: 2017), p. 21. Accessed September 12, 2019. https://talita.se/assets/dokument/breaking-
free-romania-final-2017.pdf
63
Gradinaru, Analysis of support services, 45.
64
Gradinaru, Analysis of support services, 43.
33
The third area is lack of residential assistance for some categories of victims. It has been
found that foreign victims have difficulties accessing residential assistance, and even victims
from a different county within Romania may be at risk from this point of view. In addition, due
to the nature of the “alternative solutions” mentioned above, it was found that “the male victim
assistance in residential regime is an issue, even in the functional centers.”
65
Legal representation
In the field of legal representation previous reports and analyses underlined a number
of faults. Firstly, “assistance for the victim in the criminal trial is made, mostly, by ex officio
lawyers. Therefore, one of the main problems arising is the lack of continuity of the process of
assisting the victims in the penal trial.”
66
. In addition, the quality of the legal aid is poor, mainly
due to the low level of state paid fees for legal aid lawyers that forces lawyers to accept an
excessive number of cases in order to make a living.
67
, compromising thus the quality of legal
assistance.
Secondly, access to lawyers through NGO’s depends on the NGO’s financial resources
for paying the private lawyers. The NGO itself depends on funding from either donors or the
state.
68
There is a lack of lawyers specialised/trained in representing victims of trafficking.
69
A roundtable in Budapest in 2017
70
identified other barriers too:
▪ The legal aid lawyer is unable to contact the victim before the trial as they are
not provided with the contact details of the victim;
▪ The lack of lawyer-victim confidentiality in relation to hearings before the
public prosecutor and the police;
▪ Legal aid lawyers do not advise victims that they can claim financial
compensation;
▪ It is not possible for lawyers to join a civil action for compensation on behalf of
the victim in the case of minors;
Reintegration
Part of the assistance effort is also the reintegration of victims in society. Usually victims
and NGOs are fighting against the societal perception that trafficked persons are responsible
for becoming victims, lack of funding and lack of education and opportunities that that made
the person vulnerable to victimhood. They also face insufficient resources, mainly specialists
(like psychiatrists) and not enough activities that would allow victims to reintegrate. Therefore,
without a proper plan and the resources to carry it out, there is a high chance of re-trafficking
once the victim exits the system.
2) Step up the prevention of trafficking in human beings
65
Gradinaru, Analysis of support services, 43.
66
Gradinaru, Analysis of support services, 45.
67
APADOR-CH. Improving access to specialized legal aid for trafficked persons in Romania – discussion paper
Round Table (Budapest 16 March 2017), 4. Accessed September 12, 2019. http://www.apador.org/wp-
content/uploads/2017/03/Access-to-specialized-legal-aid-for-trafficked-persons-in-Romania_DEFD.pdf.
68
APADOR-CH, Improving access to specialized legal aid.
69
APADOR-CH, Improving access to specialized legal aid, 5.
70
APADOR-CH, Improving access to specialized legal aid, 5.
34
Prevention of THB proved to be difficult, the main barrier being the lack of attention
towards vulnerable people, either because of the lack of resources or of cultural bias and social
norms regarding gender.
3) Pursue the prosecution of traffickers more robustly
According to EUROPOL 2018 report
71
, Romania had the highest number of reported
persons suspected, arrested and cautioned for the trafficking in human beings (2777 people for
the period 2015-2016). In terms of number of prosecutions reported for human trafficking, the
same report states that Romania came second after France with 817 cases. Europol 2018 report
continues to state that all Romanian prosecutions were related to trafficking for sexual
exploitation and that 44 % of EU citizens prosecuted for trafficking in the EU 28 during 2015-
2016 held Romanian citizenship.
According to recent reports, DIICOT reported that 1,319 human trafficking files
(involving 3,800 perpetrators) were closed with indictments for the period 2010 – 2017;
DIICOT also stated that for the same time period it investigated and dismissed other 4,329
possible human trafficking files. Regarding the number of victims involved in the DIICOT files
finalized with indictment, 6,470 victims were registered in the 2010 – 2017 period, 35% of the
victims being minors (2,262 minors).
72
The courts reported 2,230 offenders convicted for
human trafficking in the 2010 – 2016 period.
73
In ongoing cases at the beginning at 2018, human
trafficking represents 8% of all cases dealt with by DIICOT, coming third after drug trafficking
(56% of total ongoing files in 2018) and cybercrimes (24% of the total ongoing files at the
beginning of 2018)
74
.
On the other hand, both NGOs
75
and the U.S. Embassy in Romania
76
share a different
perspective. In June 2019, the US Embassy issued its 2018 Trafficking in Persons Report. In
this report, it is assessed that the Romanian government decreased law enforcement efforts with
respect to trafficking. Among the barriers observed in terms of prosecution, it is mentioned: “a
split reporting structure (that hinders) police efficiency and coordination with investigations
and prosecutions. (…) Limited dedicated financial investigators (that impede) financial
investigations and asset seisures, inhibiting evidence collection in trafficking cases and causing
investigators and prosecutors to rely mainly on witness testimony.”
77
In addition to that, the lack of training offered to judges and prosecutors with respect to
trafficking and the specificities of trafficking victims may be considered an issue in prosecuting
and indicting traffickers. Even though two conferences were organised by The National
Institute for Magistrates regarding the strengthening of legal knowledge and cooperation
between prosecutors and judges to protect the victims’ rights during judicial proceedings and
93 judges, prosecutors, lawyers, and psychologists attended it, the problem is not solved.
“Prosecutors received training on investigating and prosecuting trafficking cases. The
government provided training to government employees on the early identification of victims.
71
European Commission, Data collection on trafficking in human beings.
72
DIICOT data, quoted in Rusev, A., Raets, S., Terenghi, F., Rodríguez, S. U., Kojouharov, A., Nicolae, R., &
Sirseloudi, M. Financing of Organised Crime: Human Trafficking in Focus. Financing of Organised Crime:
Human Trafficking in Focus (2019), 343.
73
DIICOT data, quoted in Russey, Financing of Organised Crime, 343.
74
DIICOT data, quoted in Russey, Financing of Organised Crime, 343.
75
DIICOT data, quoted in Russey, Financing of Organised Crime, 343.
76
U.S. Embassy in Romania. 2019 Trafficking in Persons Report.
77
U.S. Embassy in Romania. 2019 Trafficking in Persons Report.
35
The police organized a series of training programmes for its staff that included an anti-
trafficking component.”
78
4. Enhance coordination and cooperation among key actors, including at the policy
level
Institutional collaboration faces a number of issues that have been also described in
previous reports. For example: “Locally, inter-institutional cooperation is poorly formalized
and based mainly on a network of informal relations”. The main problem is the lack of stability
and continuity of this network. (…) The institutional cooperation at local level is poorly
formalized: there are few efficient protocols between different institutions involved in the
assistance of trafficking victims (… therefore) the assistance process cannot have predictability
and the quality of this process is different from one region to another, or from county to
county.”
79
.
Another problem is the lack of interest from authorities and other involved parties. As
found by a previous analysis, “The decision of setting the centers for trafficking victims under
the authority of the County Council was an inappropriate one. Lack of funding, interest,
effective management and coordination led to important changes of the initial destination of
these centers. In addition, in some cases, the destination of the building in which these were
meant to function was changed due to political or administrative decisions at local level”.
80
In addition to the internal barrier, the information that NAATP gets from the foreign
authorities is scarce and does little to help them in evaluating the victim’s situation in order to
determine the most appropriate support services for the victim
81
.
When it comes to collaborating with the private sector and NGO’s, there are a number
of administrative requirements that discourage collaboration, as discovered by a recent study:
“With the adoption of regulations related to EU standards, organisations are required to fill in
complicated and demanding paperwork each month, and must pay considerable fees associated
with the administrative standards”
82
.
5) Increasing knowledge of, and producing effective responses to all forms of
human trafficking
As previously mentioned, despite the efforts already made there is a lack of training and
of know-how. There’s also the issue of insufficient resources, either human resources-
overwhelmed by tasks and poorly paid (low wages in comparison with other public duty
officials) or material resources as vehicles, fuel and other required equipment.
“The public – NGO partnerships should be supported and encouraged. A framework
for monitoring the services provided under these partnerships should be created. Monitoring
should cover, inclusively, the quality of services. When assistance is delegated to NGOs as
service providers, the state should provide adequate financing and ensure the quality of the
services delivered.”
83
78
U.S. Embassy in Romania. 2019 Trafficking in Persons Report.
79
Gradinaru, Analysis of support services, 46.
80
Gradinaru, Analysis of support services, 44.
81
Talita. Breaking Free, 20.
82
Talita. Breaking Free, 31.
83
Talita. Breaking Free, 31.
36
Overall issue
Serious lack of funding has been identified as a general problem, whether it has to do
with helping and protecting the victim, investigation and prosecution of the traffic network or
improving the know-how of the professionals involved. State funding, through programmes of
national significance/importance had no continuity, covering only the years 2007- 2008. A
study found that “NGOs (…) are dependent on funding from either donors or the state.
However, even when (state) money is available (through NAATP) this is not accessible to
NGOs due to legislative deficiencies. In order to access these funds, NGOs need to be accredited
to provide services to victims of trafficking. However, it is impossible at the moment to get
such a license because according to the Law on social assistance, licensing standards for this
type of services do not exist. At the same time, it is not allowed for NGOs to provide services
for which they are not accredited.”
84
.
Furthermore, in order to access the European or private funds (typically amounting to a
maximum of 15,000€), organisations must have an active experience for minimum 2 years.
Usually, the funding is project-oriented and only lasts for a couple of years, therefore being a
barrier for sustainability. “There are also significant administrative and technical
requirements—a challenge for a small, grassroots organisation. Moreover, many of the private
grants do not offer the possibility of funding administrative costs (salaries, fees, etc.), leading
to organisations needing to rely on voluntary labor rather than staff”.
85
7. Recommendations
Several improvements in terms of trafficking of human beings in Romania were made by
both state institutions and NGOs. Some of the most relevant are:
• Increased efforts to investigate, prosecute, and convict traffickers
• Increased rate of conviction for human trafficking crimes and setting up the National
Agency for the Management of Seized Assets
86
• Efforts were made to prevent human trafficking through campaigns and projects
developed by public institutions and NGOs
• Amendments in legislation for improving the legal framework for combating human
trafficking
Still, strong and efficient coordinated efforts are needed in order to prevent and combat
trafficking of human beings in Romania.
Recommendation 1 - Step up the prevention of trafficking in human beings
As a general recommendation, we suggest paying special attention to people within risk
categories (poor people, teenagers, Roma community or other minorities, foreign workers,
institutionalized children and adults). It is especially important for the Romanian authorities “to
intensify their efforts to prevent trafficking in children, in particular by sensitizing and training
84
APADOR-CH, Improving access to specialized legal aid, 6.
85
Talita. Breaking Free, 30.
86
GRETA. Report concerning the implementation of the Council of Europe Convention on Action Against
Trafficking in Human Beings by Romania.
37
child protection professionals across the country, raising awareness of children through
education, and paying special attention to Roma communities and migrant children”
87
.
National and local awareness campaigns are necessary for all stakeholders: parents,
students, teachers, local community members. The campaigns should use innovative and
tailored instruments for each group.
Recommendation 2 – Increase efforts for identifying, protecting and assisting victims of
trafficking
• Identification - training all categories of citizens that might come across various forms
of exploitation to recognize the signs of trafficking and exploitation and to know what
steps need to be followed. Furthermore, we suggest the need of identifying persons as
victims of trafficking whenever there are reasonable grounds to believe such an event
occurred and to provide them with “the assistance and protection measures provided for
in the Convention, regardless of whether an investigation into trafficking is opened and
whether the person cooperates with the investigation”
88
. Since children at risk of being
victims are a special category, authorities should intensify their efforts to identify child
victims of THB “by paying particular attention to children in care institutions, Roma
children and unaccompanied foreign minors”
89
. A special recommendation should make
reference to the victims among foreign workers and asylum seekers. “In this context,
training on the identification of victims of THB and their rights should be provided to
the staff of the Directorate for Asylum and Integration of the Ministry of the Interior”
90
.
• Protection – the victims need a better protection from the state, ensuring privacy and
identity protection.
• Assistance – Or recommendations target three different areas:
➢ residential assistance
- granting access to a shelter for a period longer than 90 days;
- conducting both qualitative and quantitative studies in order to assess the
specific need of residential assistance in various regions;
- continuity of the traffic centers should be ensured and therefore is in order a
re-design of the entire system of assistance;
- providing adequate support and services for children victims according to their
specific needs;
➢ legal representation
- improving the manner in which victims are informed on their rights;
- speeding up the referral to a lawyer;
- improving the quality of legal aid by creating a list of trained/specialized
lawyers and making sure NGO’s have funds for providing legal aid;
- increasing funds allocated to the legal aid
➢ reintegration
87
GRETA. Report concerning the implementation of the Council of Europe Convention, 45.
88
GRETA. Report concerning the implementation of the Council of Europe Convention, 46.
89
GRETA. Report concerning the implementation of the Council of Europe Convention, 46.
90
GRETA. Report concerning the implementation of the Council of Europe Convention, 45.
38
– providing access to education and employment
- campaigns for reducing the stigmatization of victims.
Recommendation 3 - Pursuing the prosecution of traffickers in a more robustly manner
• intensification of efforts with respect to training and capability building. We also
recommend training police officers to recognize the signs of sex exploitation.
Recommendation 4 - Enhanced coordination and cooperation among key actors,
including at the policy level
• establish protocols, at central level, with all institutional players in order to assist and
protect victims in a more efficient manner, mainly with respect to access to health
services, training, legal assistance. Also, it will be useful to set up a network consisting
in a variety of different governmental and non-governmental stakeholders, at both
national and international level.
• before returning children victims of THB to their parents make sure that a
comprehensive risk assessment is conducted, taking into account the best interests of
the child.
Recommendation 5 - Increasing knowledge of and producing effective responses to all
forms of human trafficking
• implementation of a continuous training program for all specialists working with
victims of trafficking. “These programs should have a multidisciplinary accent and
should cover all categories of specialists: law enforcement officials, judiciary system
officials, specialists from the centers for victims of trafficking. A special focus should
be on social workers from local level, especially from city halls of rural localities”.
91
• Labor inspectors should have an expended mandate so that they can engage in the
prevention of THB, including in domestic households;
• “The public – NGO partnerships should be supported and encouraged. A framework for
monitoring the services provided under these partnerships should be created.
Monitoring should cover, inclusively, the quality of services. When assistance is
delegated to NGOs as service providers, the state should provide adequate financing
and to ensure the quality of the services delivered.”
92
Recommendation 6 – Ensure funding for victims’ support and prevention
• we agree with previous reports that recommended to “… allocate appropriate funds in
the central budget and the budged of local authorities dedicated to actions against
trafficking in persons and victims’ assistance programs.”
93
91
Gradinaru, Analysis of support services, 51.
92
Gradinaru, Analysis of support services, 51.
93
Gradinaru, Analysis of support services, 50.
39
• resume non-reimbursable financing through programs of national interest and ensure
their continuity and to ensure that the assistance measures provided in law are actually
guaranteed; “when assistance is delegated to NGOs as service providers, the state has
an obligation to provide adequate financing and to ensure the quality of the services
delivered”.
94
8. Conclusions
The desk research provides a comprehensive analysis of the trafficking of human beings in
Romania covering 2015-2018 period of time. The analysis was realized based on different
sources and document types:
• National and international reports;
• Official national and international documents;
• National legislation;
• National strategies;
• Official data from NAATP.
When analyzing current provisions of the strategy through equity lenses, it’s important to
stress the main challenges that could inform a new systematic approach of the phenomenon:
limited understanding of trafficking among professionals, associated with persistence of
prejudice, requiring the need of capacity building for a better understanding of primary and
secondary victimization, as well as limited capacity to investigate crime and bring cases to
court.
This report answers the initial questions, but it also raises new ones that should be addressed
through future research and institutional responses.
The initial questions:
1) What are the main causes of human trafficking in Romania?
• Poverty
• Low quality of education
• Low employment opportunities
• Criminality
• Exclusion
2) Do we know the number of victims?
• The real number of victims is not known;
• The official number of identified victims is low (480 for 2018) and it has
decreased during the past 4 years;
3) What was done to reduce the phenomenon?
• Amendments in legislation for improving the legal framework for combating human
trafficking;
• Increased efforts to investigate, prosecute, and convict traffickers;
• Campaigns for prevention of human trafficking;
94
GRETA. Report concerning the implementation of the Council of Europe Convention, 46.
40
4) What else can be done in order to reduce human trafficking in Romania?
• National prevention and awareness campaigns;
• Improve mechanism of victims’ identification and people at risk of being
trafficked;
New questions:
• How can we increase access to quality data? If the data on the offenses is not broken
down by types of exploitation what changes have to be implemented in order to publish
data in a transparent way? Why there is no public data available on cities or villages
(and we can only see counties) of origin for registered victims in order for a better
mapping of crime networks activity and more specific intervention targeted on
preventing other such situations?
• How can we improve victims’ access to assistance (all types)? How can we assess the
quality of the offered assistance?
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Figures and tables
Figure 1– Exclusion cycle ..................................................................................................................... 12
Figure 2- Number of human trafficking cases 2015-2018 .................................................................... 15
Figure 3- Evolution of number of cases for top 10 counties 2015-2018 ............................................... 16
Figure 4 – Gender distribution of victims (2015-2018) ........................................................................ 18
Figure 5 - Exploitation victims by age (minors vs. majors – yearly progression 2015-2018 ................ 19
Figure 6 – Adult/Minor split per genders 2015-2018 ............................................................................ 19
Figure 7 - Proportion of minors (0-17 years old) victims of sexual exploitation .................................. 20
Figure 8 - Adult victims by form of exploitation 2015-2018 ................................................................ 20
Figure 9 - Proportion of victims by recruitment manner ....................................................................... 22
Figure 10 - Top destination country of trafficked victims identified in Romania (total 2015-2018) .... 23
Figure 11- No of cases by country of destination and age status (adults vs minors) years 2015-2018
without Romania ........................................................................................................................... 23
Figure 12 – National Agency against Trafficking spendings between 2012-2018 ............................... 28
Figure 13 – Number of assisted trafficking victims in 2018 (by state institutions and NGOs)............. 30
Table 1 - Top 10 counties by victimization rate and by number of identified victims for 2012-2016 .. 15
Table 2 – Number of cases by form of exploitation – yearly progression 2015-2018 .......................... 17
Table 3 – Minor victims cases by form of exploitation (2015-2018) .................................................... 20
Table 4 – Number of adult victims by form of exploitation 2015-2018 ............................................... 21
Table 5 – Gender distribution of different exploitation forms in 2018 ................................................. 21
46
Table 6 – Number of cases by recruitment manner (2015-2018) .......................................................... 22
Table 7 – Legal definitions of human trafficking and human exploitation ........................................... 24
Table 8 – National Strategies’ objectives (2006-2022) ......................................................................... 25
Table 9 – Institutions responsible for implementing the National Anti-trafficking strategy................. 27
Table 10- Victims’ protection in Romania (according to Law No. 678/ 2001 and Law no. 211/ 2004)30
