Romania is a country of origin, transit and destination for trafficked women and children. The most common trafficking destinations for Romanian women include: Italy[1],[2],[3], the Czech Republic[4], Kosovo[5], Bosnia-Herzegovina[6],[7], Macedonia[8], Hungary[9], Serbia/Montenegro[10], Poland[11], Belgium, Luxembourg, France[12], Albania[13], Ireland[14], the Netherlands[15], Spain[16], Turkey[17], Cambodia[18], Canada[19], South Africa[20], Greece[21], Israel[22], United States[23] and Germany[24]. Women that are trafficked through and to Romania come from Ukraine[25], and Moldova[26]. Most of the persons trafficked through and from Romania are brought first to Timisoara or Turnu Severin in Western Romania; from there, they are taken to the border area around Cimplung to cross to the former Yugoslavia and beyond[27]. A market for humans reportedly exists just outside Timisoara[28]. Pornography, child prostitution and trafficking in minors has become rampant since the 1989 anti-communist revolt ended Romania’s strict social controls.[29] In former Yugoslavia, latent internal conflicts, resulting in violent confrontation during the 90s produced an ongoing and extensive deregulation in the filed of public order that favored the development of numerous flourishing prostitution networks. In the space of the former Soviet Union, easy access across the borders between the ex-soviet states neighboring Romania, facilitated the activity of other numerous trafficking networks operating in territories of these states. Within Romania, the presence of a significant number of foreign nationals from migrant-producing countries led prospective migrants into believing that Romania is a proportious area to target and a freeway to the Western part of the European continent. They are taking advantage of the fact that Romanian nationals, particularly some inhabiting border areas, confronted with low living standards and poor perspective to ameliorate their economic and social condition, are always ready to perpetrate illegal acts, such as dispersing emigrants who may or may not have fallen victim to trafficking.”[30] Poverty also contributes to trafficking. “The average salary in Romania is around 100 euros (dollars) per month, and 40 percent of the population live beneath the poverty level. The situation for gypsies -- who suffer from unemployment rates and illiteracy rates five times that of the national average -- is much worse. Polarization between the rich and poor in Romania, already dramatic among non-gypsies, is "particularly strong among the Rom," said sociologist Mircea Kivu. "Gypsies without means are, in a way, the most severe and most visible of all Romanians." Costel Bercus, the president of the association Romani Criss, explains that "job discrimination" in Romania incites gypsies to "go to the West to earn a living." But despite diplomatic assurances and police reinforcements, the root problems of poverty and exploitation remain painfully present in the lives of many Romanians. "The root of the problem is to be found in Romania," said Madalin Voicu, a legislative deputy who is also a Rom gypsy. "Economic precarity affects so many layers of society," she said.”[31] "About 1.5 million have left Romania in the past decade -- between 100,000 and 200,000 since the visa requirement was lifted," according to Nicolae Paun, a member of the Romanian parliament and a Gypsy. He said most of those fleeing sought a place where laws prevented discrimination but he admitted some were involved in human trafficking as perpetrators or victims.
"They participate but are not the masterminds," he said. "Our investigations show top border officials are involved, which explains how so many leave the country without passports." Although Romanian authorities deny any involvement in trafficking networks, they say hundreds of border policemen have been punished for "irregularities on the job" this year. Ionela Bucur, a spokeswoman for the border police, put the number at 940 in the past nine months, and said 18 have been fired. She said job performance was being monitored more closely. In addition, the French government is sending officers to assist local forces." Romanian mafia gangs are known to recruit children to steal on the streets of Western Europe. Poor families in the town of Sighet, where 70 percent of the inhabitants are out of work, rent their children to these gangs for about US$160 for 3 months. More than 200 children from Sighet alone are involved in this activity.[32] Romania is not a major destination for sex tourists, but cases of pedophilia involving foreign men have occurred there in the last few years. In one case, a German was charged in Romania with having had sex with at least eight children in exchange for small amounts of cash, clothes, or food; with taking pedophilic photographs and videos; and with knowingly contaminating others with HIV. Most of the children lived on the street.[33] The heightened presence of soldiers and international workers in the Balkan states during the last few years has contributed to the trade in women. The volume of trafficking rose in 1999 as soon as NATO troops arrived in Macedonia before the strikes on Serbia and Montenegro.[34] Street children are a major problem in Romania. Children in orphanages and other state institutions are in particular danger of becoming victims of trafficking.[35] Romania has a high number of orphans (65,000 minors live in about 300 orphanages nationwide[36]), and has been a popular area for international adoptions. However, adoption agencies have been accused of buying babies from their parents to make them available for international adoption.[37] In June 2001, the government suspended international adoptions and the European Parliament’s special envoy to Romania accused the country of selling its children.[38] In September 2001, the ban on international adoptions was appealed.[39] “National statistics referring only to identified victims indicate that 20% of the victims are aged between 13 and 15 years; 33% age 18-20; 23% age 21 –23; 12% age 24–26. Women aged between 18 and 26 and girls aged between 13 and 15, irrespective of their ethnicity, are more at risk to be trafficked. The overwhelming majority of the victims are coming from Romania, Ukraine, Republic of Moldavia, Russian Federation. They are trafficked to Bosnia-Herzegovina (29%), FYROM (26%), Albania (17%), Kosovo – FRY (14%), Italy (6%), Cambodia (2%), Others (6%). Trafficker’s main target is female population aged 13 to 26. It is estimated that about 30% of the trafficked persons in Bucharest are less than 18 years. 23% of IOM assisted trafficked persons were teenage girls less than 18 years.”[40] Women often are recruited to work abroad by friends, relatives, or newspaper advertisements. According to the IOM, most women were unaware that they would be forced into prostitution. A minority of trafficked women are sold into prostitution by their parents or husbands or are kidnapped by trafficking rings. Ministry of Interior officials reported that trafficking rings appear to be operated primarily by Romanians. Several domestic prostitution rings are active. There are approximately 2,000 homeless children in Romania. Many of them are forced to accept money for sex to survive. AIDS is an increasing problem.[41] Five percent of the homeless children in Romania are in prostitution. The main railway station in Bucharest is a main area for children in prostitution. Romanian police are increasingly arresting foreign pedophiles. Homeless children in Romania have increasingly been trafficked under false pretenses and forced into prostitution in Berlin and Hamburg, Germany and Amsterdam, Holland.[42] “According to About Adoption, a website which monitors the industry, the smaller than usual annual increase in the US was the result of a Romanian moratorium. This was introduced after European Union pressure, which accused Romania of selling its babies to the highest bidder. Also USAID, the US government-funded development group, found the large amounts of money available for international adoptions led officials to discourage domestic adoptions by local couples.”[43] Prostitution is illegal in Romania. The Criminal Code criminalizes enticing or compelling persons to practice prostitution, facilitating the practice of prostitution, benefiting from prostitution, recruiting a person for prostitution, or trafficking persons for prostitution.[44] Punishment for these offenses is imprisonment from 2 to 7 years and confiscation of any proceeds from such offenses.[45] If these offenses are committed against a minor, the punishment is imprisonment from 3 to 10 years.[46] The code also prohibits sexual relations with a female minor who is less than 14 years old. Punishment is imprisonment from 1 to 5 years.[47] In December 2001, the Romanian parliament passed a comprehensive anti-trafficking legislation that prohibits trafficking, as well as provides for the prevention of trafficking and the protection of victims of trafficking.[48] The law, in Article 12, defines trafficking as a distinct criminal offense punishable by imprisonment of 3 to 12 years; the penalty increases to 5 to 15 years for trafficking of two or more persons and for causing serious bodily harm or health problems to a victim;[49] and to 15 to 25 years if the act of trafficking results in victim’s death or suicide.[50] Article 13 provides for two separate offenses of trafficking in minors aged between 15 and 18, which is punishable by imprisonment of 3 to 12 years,[51] and trafficking in minors under 15 years old, which is punishable by imprisonment of 5 to 15 years,[52] with the possibility of higher penalties for aggravated cases of trafficking.[53] Trafficking in human beings committed by an organized group is treated as a separate aggravated offense, which increases the punishment by additional 3 years.[54] Further, the law criminalizes any acts of attempted trafficking in the same way as completed acts.[55] In addition, the law provides for confiscation of all assets acquired as a result of committing the crime of trafficking, as well as vehicles used to transport the trafficked persons and lodgings used to accommodate those persons.[56] Finally, the law makes consent of a victim of trafficking irrelevant for the purposes of establishing the criminal liability of a trafficker.[57] Law No. 678/2001 contains an expansive definition of means and purposes of trafficking in human beings. The means include “the use of threats or violence or the use of other forms of coercion, through kidnapping, fraud or misrepresentation, abuse of power or by taking advantage of that person’s inability to defend him-/herself or to express his/her will or by giving or receiving money or benefits for the obtaining of an agreement from a person who has control over another person.”[58] The general purpose of trafficking is exploitation of a trafficked person, which includes “performance of forced labor or services…; keeping [trafficked] persons in a state of slavery or using other ways to deprive a person of his/her freedom or to force the person into submission; compelling a person to engage in prostitution, in pornographic performance … or in other forms of sexual exploitation; drawing of human organs; engaging in other similar activities that are violating fundamental human rights and freedoms.”[59] In addition to the specific anti-trafficking law, a number of other legislative acts in Romania can be used to prosecute the cases of trafficking in persons. Thus, in January 1999, Romanian parliament passed Law No. 21/99 “On the Prevention and Punishment of Laundering Money,” which provides mandatory confiscation regime where both property and value based for laundered property are confiscated, and imposes stringent customer identification requirements. In October 2001, Romania has adopted the first freedom of information act, which allows for free access to information of public interest and can be used to curb corruption within the government. Finally, labor legislation can also be used to combat trafficking, particularly trafficking in children. The Constitution contains a general prohibition on forced or compulsory labor.[60] The minimum age for employment is 15 years, and the exploitation and employment of children in activities that might be physically or morally unhealthy or put their lives or normal development at risk are prohibited. Further, children under the age of 18 may not be placed in hazardous work places and may not be made to work at night or beyond the legal duration of a working day (eight hours) except in emergencies. Law No. 678/2001 contains a broad mandate for the government agencies and non-governmental organizations to engage, separately or jointly, in trafficking prevention activities.[61] In particular, it requires all relevant government agencies to enforce the relevant portions of the National Action Plan for the Combating of Trafficking in Human Beings.[62] The National Action Plan has been adopted by the Government Decision No. 1216/2002. There is also the National Task Force on Trafficking, which was established in the spring of 2001 under the overall leadership of the Organized Crime Directorate; the Inter-Ministerial Committee, which was established in July 2001; and the Inter-Agency Working Group on trafficking in human beings, which includes government agencies, international organizations and donors and provides support to the National Task Force related to legislation, law enforcement procedures, and victim assistance issues.[63] The Romanian Law No. 678/2001 provides for targeted prevention measures, aimed primarily at addressing the employment situation of persons in high-risk groups, which includes “women in very poor areas” and “social outcasts.”[64] The Ministry of Labor and Social Solidarity is required to design special measures for their “integration into the labor market.”[65] The Romanian government also cooperates with other governments on investigations. It is strengthening its borders to monitor immigration flow, and the Border Police have signed a memorandum with the Organized Crime Directorate on procedures to follow in suspected trafficking cases. [66] Past prevention efforts included cooperation with international organizations’ programs, including an anti-trafficking school program and a campaign to eliminate child labor.[67] In late 2000, the Government promised that a dedicated unit of seven officers would be established to combat human trafficking, as part of an effort to lead a regional anti-trafficking law enforcement program under the Southeastern European Cooperative Initiative. In April 2001, the Government assigned a senior police general to coordinate the anti-trafficking unit, significantly increased personnel assigned to the unit, and began to expand interagency and local resources assigned to human trafficking. The unit had conducted a series of human trafficking arrests by the end of the year. During the year, the unit arrested 77 human traffickers for pimping and kidnapping offenses[68] and continued to investigate another 90 individuals suspected of human trafficking at year's end. Police also began a comprehensive investigation of agencies that advertised jobs abroad for possible human trafficking connections and exposed one ring of traffickers.[69] At the beginning of the year, only one prosecutor was assigned, on a part-time basis, to the National Task Force on Trafficking to carry arrests through to prosecution and conviction. In November another prosecutor was assigned to assist the task force. A handful of prosecutions have occurred for pimping offenses; prosecutions based on indictments under the new trafficking law are not scheduled to begin until 2002.[70] During year 2001, police investigated 391 persons (158 for pimping, 217 for prostitution, 16 for other crimes) in cases related to trafficking. It has been established that persons investigated had perpetrated 336 crimes, out of which 161 pimping (108 abroad), 126 prostitution (95 abroad), and 49 others. One prostitution network has been identified and dismantled in Italy. In 2001, 128 persons were convicted for pimping (1 fined, 127 sentenced to prison) and 148 persons were convicted for prostitution (7 fined, 141 sentenced to prison). These sentences are currently served. At operational level, action is focused on “undercover” trafficking perpetrated by some businesses, travel agencies and art/modeling management companies. 368 international carrier agents were controlled, and 115 offences were discovered. Also, by monitoring of the announcements in the newspapers, regarding offers as baby sitter, modeling activities, artistic impresario, 430 persons involved in trafficking were identified and several networks operating in Republic of Moldavia or Cyprus were dismantled. The Romanian MFA is working on a joint project with the government of the Republic of Moldova- the Criminal law Reform in Trafficking. It includes sharing information and experience in creating legislation for preventing trafficking and creating an institutional network to combat trafficking, international co-operation and training for law-enforcement officials. When facts leading to an assessment of a trafficking case are disclosed, information is instantly transferred to the respective Zonal Center of Anti-Trafficking Unit. Case is investigated together by both agencies.”[71] “The Romanian border police early this year discovered 36 human trafficking networks, said the Romanian news agency Thursday. According to the news agency, the human trafficking networks involved 322 Romanian and foreign citizens, and 70 guides at Romania's western border (with Hungary), southern border (with Bulgaria) and south-western border (with Yugoslavia). Members of the networks come from the Republic of Moldova, Tunisia, Iraq, Bulgaria, Turkey, Afghanistan, Pakistan and India, Aurel Neagu, the chief of the Border Police, Aurel Neagu, said Thursday. The border police, with the help of the Romanian Road Authority and the Ministry of Tourism, identified in the first five months of this year several travel agencies which helped Romanian citizens illegally traveling to foreign countries”[72] “An intensive European operation conducted with American assistance to crack down on the trafficking of women for the sex trade has had mixed success, American officials say. Preliminary data show that in 20,558 raids conducted from Sept. 7 to Sept. 16 across Central and Eastern Europe, 237 victims of trafficking were identified and 293 traffickers were arrested and charged as criminals. The September operation was conducted by the Transborder Crime Centre of the Southeast European Co-operative Initiative in Bucharest, Romania, bringing together regional law-enforcement agencies. The centre receives considerable assistance from the U.S. Customs Service, the Federal Bureau of Investigation, the Immigration and Naturalization Service, the Drug Enforcement Administration and the Secret Service. The crime centre is directed by Brig. Gen. Ferenc Banfi of Hungary, and the anti-trafficking task force is led by a Romanian, Col. Gabriel Sotirescu. In a 2002 article, Romania reported 2,597 police raids, in which 47 traffickers were identified and 1,063 women”[73] The law No. 678/2001 requires the government to grant “special physical, legal and social protection and assistance” and “physical, psychological and social recovery” to victims of trafficking, efforts that would strengthen victim protection and assistance.[74] First, the law embodies the principle of non-criminalization of the victim’s involvement in prostitution, but only if the victim reports the crime of trafficking to the authorities or facilitates the arrest of the traffickers.[75] The law entitles the victims of trafficking to protection of their privacy and identity,[76] and requires the Ministry of Interior to provide them with physical protection for the duration of the criminal proceedings.[77] The law also contains special procedural safeguards for victims of trafficking who participate in criminal proceedings against their trafficking. Thus, in cases involving trafficking in minors, any proceedings must be closed to the public;[78] the court may also order to conduct closed proceedings if an adult victim of trafficking so requests.[79] Further, victims of trafficking are entitled to free legal assistance in all stages of criminal trial.[80] Moreover, victims of trafficking have the right to compensation of civil damages, which they may pursue through a separate civil action filed after the conclusion of criminal proceedings. Romania also has a separate witness protection law, which was published on December 28, 2002 and came into effect at the end of January 2003.[81] Article 32 provides for the establishment of Centers for Assistance and Protection of Victims of Trafficking in Human Beings, which are to be financed by local authorities. The Centers may provide accommodation and food, as well as psychological or medical assistance to the victims of trafficking for a maximum period of 10 days, which may be extended for up to 3 months or for the duration of the criminal trial.[82] Further, the Centers may provide vocational training services and job searching assistance to the victims of trafficking; however, the law does not obligate them to do so.[83] With respect to foreign victims of trafficking, the law provides that they can be sheltered in special Centers for aliens and potential refugees, which must provide the victims with psychiatric and psychological counseling and medical and social assistance “in a language they can understand.”[84] The law also states that Romanian authorities will assist foreign victims of trafficking in returning to their country of origin, which includes assistance in obtaining new identification documents[85] and providing their full security transportation to the border of Romania.[86] However, if such victims were “brought to Romania by a transportation company which is aware of the illicit character of the transport, that company has the obligation to provide accommodation and meals for those victims … and shall bear the costs of their transportation to the Romanian border….”[87] Law No. 678/2001 also requires the Ministry of Foreign Affairs, through its diplomatic and consular missions abroad, to provide any repatriation assistance to Romanian victims of trafficking in other countries.[88] Particularly, each diplomatic and consular mission should assign a special diplomat to oversee the enforcement of repatriation procedures of Romanian victims of trafficking.[89] Specific steps to assist victims by offering protective measures and services such as shelter, medical care, psychological rehabilitation, AIDS testing, vocational/employment training, and legal representation have been made. “In France, the government is also working with non-governmental organisations to provide health and social security services to young Romanians. The plan aims to prepare them to return home to centres where they will obtain job-related training.”[90] In the past, victims returned to Romania have been prosecuted for the crime of leaving the country illegally, which has reduced their willingness to return to the country or to cooperate with law enforcement authorities. For most of the year, because there was no legislation that directly addressed trafficking, victims had no way to press charges against traffickers. The law passed in November empowers the Ministry of the Interior to provide protection for victims of trafficking, and undercover operations and electronic surveillance are authorized against traffickers. The new law also eliminates criminal penalties for prostitution if the victim turns in traffickers, or cooperates in investigations against traffickers. However, trafficking victims who cooperated with authorities nonetheless were sentenced for crimes such as illegal emigration. The Government provided little aid to repatriated victims. In October the Government opened a short-term shelter for victims in Bucharest in cooperation with IOM and an NGO. The Ministry of Interior provides law enforcement personnel to investigate trafficking. The Border Police, who report to the Ministry of Interior, process repatriated victims when they return from abroad. The Ministry of Foreign Affairs provides documentation for victim repatriation. [91] Until recently, the only institutions directly involved in assisting and reintegrating trafficked women and children were the NGOs. The first NGO to start work with trafficked persons, in 1998, was Reaching Out from Pitesti. Reaching Out has an ongoing training program for 10 social workers working in their shelter for trafficked women and children, and has achieved an 84 percent rate of reintegration. They have also prepared “Standards to work with the victims of trafficking.” Before 2001, the Romanian NGOs operated as a network of organisations and shelters, which could provide trafficked persons with basic assistance and support. The shelters, which operate in three towns outside of Bucharest (Timisoara, Pitesti, Constanta), are small and designed in the first place for victims of domestic violence. They are used for trafficked women and children as an emergency solution (with the exception of the Reaching Out shelter). Prior to 2001, neither NGO staff nor shelter personnel, with a few exceptions, had been trained to assist trafficked persons. They have developed skills and expertise in the course of their work and at resent are able to continue their activities and share their experience with others, but are not in a position to provide long-term support and run reintegration programs without additional training and support, including financial support. These women’s organizations and shelters for victims of violence were supported mainly by the Soros Foundation and have not benefited from the funding designated for anti-trafficking activities in the region. Since 2001, IOM has started to build a new network of NGOs. The “old” NGOs working on trafficking have also started to organize them-selves, but separately from the IOM network The FAMNET coalition of 13 local NGOs is a network working in the field of victim assistance and reintegration. Their activities include prevention campaigns, a hotline and website for organizations within the network, shelters for trafficked women and children (in Timisoara, Pitesti, Constanta) and reintegration programs, including training, schooling and job training. Reaching Out has started training social workers from FAMNET, according to their “Standards” document. The local NGO Centre for Legal Resources is coordinating efforts to create new anti-trafficking legislation and operating as the secretariat for the inter-agency working group that worked on the new Bill on Prevention and Combating Trafficking in Human Beings. The Centre managed to secure the cooperation of governmental and international organizations and cooperates closely with all of them. The activities of the Center range from organization of the Regional Forum to discuss the phenomenon of trafficking between Romania and FRY Serbia, to establishing an inter-ministerial expert group (2 representatives from the Ministry of Justice, and one from each of the ministries of the Interior, Labor and the Center for Legal Resources) to work on the draft legislation), to preparing a draft Bill on Prevention and Combating Trafficking in Human Beings.” [92] “IOM is targeting independent-minded girls from Romania's biggest cities and poorest regions with a campaign warning them of the risks. A hard-hitting TV advert, school seminars to raise awareness and a shelter for victims are part of a joint effort with NGOs to involve women in a prevention drive, which could help supply information to a new 27-member anti-trafficking task force. Bucharest is also home to the Southeast European Cooperation Initiative (SECI), a U.S.-funded bid to pool police resources in 10 nations. Macedonian and Bosnian officials say it is working and Romanian prosecutors hope to extradite a Serbian pimp soon. Poverty will continue to hamper law enforcement efforts just as it spurs young girls to take a gamble, believing their chances of success are better abroad than in countries such as Romania, where 40 percent of people live on less than $1 a day. The prospect of EU membership has yet to translate into wealth for much of Eastern Europe. Until it does, campaigns such as the IOM's, which uses videotaped testimonies from trafficking victims, are essential if the flow of women is to be stemmed. "After all I've been through, all that beating...those threats, it's better in Romania after all," one girl said.”[93] “IOM plays a leading role in organizing information and awareness campaigns against trafficking worldwide. In Eastern Europe and the Balkans, IOM has organized information campaigns in Romania, Moldova, Ukraine, the Former Yugoslav Republic of Macedonia, Hungary and the Czech Republic. These campaigns have used a variety of media and have focused on both potential victims of trafficking and broader public awareness. The most recent “campaign slogan is "Think About it - You Can Decide Only Once." Print, radio, and television ads feature the number of IOM's partner NGO La Strada and IOM's 24-hour hotline, which refers trafficking victims to existing services. The campaign will be implemented in two phases. Phase two of the campaign will see the distribution of 100,000 leaflets, 7,000 posters, 5,000 badges, and 5,000 coasters in 4 languages, to be distributed in BiH, and through IOM's field offices in Romania, Moldova and the Ukraine. For increased recognition across national borders, the 'look' and colors of the campaign are in keeping with all other anti-trafficking information campaigns launched by IOM in other countries.”[94] Some cooperative measures between Romania and other countries to combat trafficking have been taken. On 26 May 1999, Romania signed the Agreement on Cooperation to Prevent and Combat Transborder Crime.[95] In addition, Romania has ratified the European Convention on Mutual Assistance in Criminal Matters. “A program on preventing and fighting human trafficking was conducted in Romania by two US Assistant Attorneys (April 15-26, 2002) under coordination of the US Resident Legal Advisor Terry Lord, and funded through US assistance. This program comprised meetings with Romanian prosecutors and policemen in Bucharest, Iasi (Moldova province, Eastern border) and Drobeta Turnu Severin (south-western border with Former Yugoslavia), as well as two seminars: on Bucharest (April 17th, 2002) organized by Center for Legal Resources, for collecting proposals on how to best implement the anti-trafficking law; another wrap-up seminar was held in Alba-Iulia on April 25-26, attended by 40 participants (prosecutors from all 15 Appeal Courts, policemen, border police, NGOs, US Embassy team) to share experience in investigating and prosecuting trafficking cases.”[96] Romania has also been an active participation in the SECI Regional Anti-Crime Center, which processed almost 750 cases of information requests in 2001 and dismantled, through Romanian-Bulgarian-Greek cooperation, a regional network having trafficked around 1000 people. Within Bucharest-based SECI Center for Combating Transborder Crime it has been established an international Task-Force (TF) dealing with trafficking in human beings, composed of specialized officers from SECI member states Albania, Bosnia-Herzegovina, Greece, Republic of Moldavia, Slovenia, Hungary, Bulgaria, Croatia, FYROM, Turkey and Romania (Germany, Italy, Ukraine, France and Austria are observers). TF is coordinated by Romania and divided into three working groups: one for the Southern border (with Bulgaria, Turkey and Greece as partners), one for the Eastern border (with Moldavia and Ukraine as partners) and one for the Western border (with Hungary, the Federal Republic of Yugoslavia and FYROM as partners. Romanian specialized structures co-operate also on a permanent basis with liaison officers seconded to Bucharest (from Germany, France, Great Britain, Belgium, Italy, Spain, Austria, Japan, USA and Ukraine). Relevant reports, statistics and information on the trafficking in human beings are circulated between agencies at national and international level mainly using the channel of communication offered by SECI Center for Combating Transborder Crimes.). With this aim, it has been recently established a Focal Point in order to facilitate the exchange of information. In the same time, an Action Plan for strengthening the co-operation with Republic of Austria in the field of combating illegal immigration and trafficking in human beings was adopted an a mixed working group with Great Britain has already started to work. The institution of home affairs attaché and liaison officer has been put into place. There is already a home affairs attaché in Brussels and liaison officers have been seconded to Germany, Austria and the Czech Republic. The hosting on 21 May 2001 in Bucharest of the Regional Conference on Fighting against Trafficking in Human Beings and Illegal Immigration, organized by the OSCE Romanian Chairmanship-in-Office at that time, in collaboration with the South-Eastern Cooperation Initiative Center, has offered an important opportunity to approach these issues, at a regional level, in a more systematic way. With the support of the Council of Europe, the Ministry of Foreign Affaires of Romania organized in Bucharest (24-26 October 2001) a regional seminar on bilateral cooperation between Romania and Republic of Moldova for prevention and combating the human trafficking, specially dedicated for the representatives of the law enforcement agencies and the NGO's involved in these specific activities. The US provided $300,000 to assist the public awareness campaign and prevention of trafficking in persons, as well as assisting in setting up a NGOs network in Romania – FamNet – meant to ensure coordination among NGOs and protection for victims; A two-year program “National Action for the Prevention and Elimination of the Child Labor in Romania” (starting with March 1, 2000) has been run with financial support from the US Government (technical and financial assistance to prevent and eliminate child labor both in urban and rural areas, conduct quantitative and qualitative research to asses the extent and nature of child labor; raise public awareness on the child labor issue, strengthen governmental and NGOs institutional capabilities to fight child labor). Excellent law enforcement cooperation with the FBI Office in Bucharest in conducting investigations of human trafficking cases. The US (FBI) also provided assistance in the form of three Toyota trucks and ten computers worth approximately 15,000 dollars to the Anti-Organized Crime Brigade which will increase the efficiency of the Romanian Police actions against. A follow-up on – site assistance program for anti-trafficking task forces in 4 cities in Romania (Bucharest, Iasi, Drobeta Turnu Severin, Alba Iulia) was conducted between April 14 – 26, 2002 by two Assistant US attorneys under coordination of the US Resident Legal Advisor in the US Embassy in Bucharest, with the aim to ensure better police-prosecutors coordination at local level. With support of the FBI Office in Bucharest, a seminar for police officers, prosecutors and border police took place in Romania in January 2002 to review 2001 results in the fight against trafficking, exchange experience, and further learn techniques and best practices in combating this phenomenon. A Center for Training and Empowerment of Women will also be set up in Bucharest through collaboration of the US Department of Labor and IREX, as part of a regional initiative in Eastern and Southeastern Europe. The Center will provide marketable job skills, training to vulnerable women and girls, job placement services; raising awareness activities among women and girls; identify legal aide and psychological support services and provide referral services to victims; small grants to promote entrepreneurship. A roundtable on the Romanian Government efforts to counter trafficking in persons was held in Washington on April 3, 2002 with participation of the Romanian Foreign Affairs Minister, Mr. Mircea Geoana, and of US officials with the State Department, Labor Department, USAID and US Helsinki Commission. The International Organization for Migration (IOM) is the most active of all international agencies. It has taken an active part in all the anti-trafficking initiatives, organized by the Government, started prevention campaigns and assistance activities and initiated co-operation with the NGOs which were already actively involved in assistance work. Acting on the basis of the Memorandum of Understanding, between IOM and the Romanian Ministry of Interior, signed in march 2001, a shelter for trafficked persons was opened in Bucharest on 1 November 2001. The shelter, managed by an NGO, the Estuar Foundation, provides assistance services on a 24 h basis. In 2001, IOM also supported the organization of a network of 24 local NGOs that will co-operate in the field of victims assistance and reintegration, named "Interagency Cooperation in Fighting and Prevention of Trafficking in Women." IOM also organizes training for NGOs, on the social and psychological assistance services, provided to trafficked victims; the result of these workshops will be a guide containing the principles of the assistance provided to trafficked persons, the minimum standards of reintegration services provided by NGOs and other agencies and a collection of case studies. The guide will serve as a written reference in terms of know-how and best practices in the field of assistance for trafficked persons. “Several southeastern European countries agreed on Nov 21 2001 to bolster their efforts to combat the international trafficking of human beings. Albania, Bosnia, Turkey, Greece, Croatia, Yugoslavia, Macedonia, Romania, Bulgaria, and Moldova signed the agreement. Representatives from various international organizations also took part in the conference in Zagreb.” [97] The Southeastern Europe Cooperation Initiative's task force on trafficking in human beings met twice during the year. As part of this initiative a seven-person police unit of officers fully dedicated to combating human trafficking was established in November and December. During the third meeting of the Stability Pact Task Force on Trafficking in Human Beings held December 11 in Tirana, Albania, an agreement was reached among southeastern European government officials to focus on assisting the victims of trafficking experiences, rather than working to enforce human trafficking laws. Interior ministers from Albania, Bosnia-Herzegovina, Bulgaria, Croatia, Hungary, Kosovo, Macedonia, Moldova, Montenegro, Serbia, Slovenia, Turkey, and Yugoslavia made their intentions public by signing the Statement on Commitment to Legalize the Status of Trafficked Persons.[98] The "trafficking into sexual bondage of as many as two million women and children each year is the slavery issue of our time," the letter said. The negotiations with Romania and Bulgaria regarding NATO entry offer "a critical test case of the administration’s commitment to rescue millions of women and children from the abduction, rape, savagery, destruction and death they will otherwise suffer at the hands of the trafficking 'industry,'" the letter said. "Making entry into NATO conditional on a commitment to end the present reign of sex and slave traffickers will send a clear signal to the world that your administration is as committed to the rescue from slavery of women and children as prior Americans leaders were to the rescue of Africans from a similar fate." Returning failed asylum seekers and illegal immigrants to Romania will be easier and quicker following a new agreement signed today in Bucharest by Home Office Minister, Bob Ainsworth and Romanian State Secretary for the Interior, Alexandru Farcas. The treaty sets out clear and detailed procedures for returning illegal immigrants from the UK to Romania. It is set to come into effect this summer. The agreement is part of wider co-operation between the UK and Romania on tackling illegal immigration and people trafficking across Europe. The UK's organized immigration crime taskforce - Reflex - has been working with the Romanian
Romania has been party to a few international conventions working against sex trafficking, including the UN Convention on organized transnational criminal activities. Additional Protocol to the Convention is on the prevention and punishment of human trafficking, especially women and children and an optional Protocol to the Convention is on children rights, regarding children trading and infantile prostitution and pornography.”[99] Romania has ratified the International Labor Organization (ILO) Convention (105) on the Abolition of Forced Labor; the ILO Convention (182) to Eliminate the Worst Forms of Child Labor; the UN Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery; the Optional Protocol to the UN Convention on the Rights of the Child on the Sale of Children, Child Prostitution, and Child Pornography; the Convention on Elimination of All Forms of Discrimination Against Women; the UN Convention on the Rights of the Child. Romania has also signed the UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children. However, Romania has not signed the UN International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.[100] ILO-C105 Ratified 03:08:1998 ILO-C182 Ratified 13:12:2000 SCAS Ratified 7th of September 1956 and 13th of November 1957 OP-SC Ratified 18th of October 2001 MWC Signed 15th of February 1955 PPSPT Signed 14 December 2000 CEDAW Ratified 7 January 1982 (Declarations or reservations) CEDAW- OP Signature 6 September 2000 UN Convention of the Right of the Child: Ratified. 28th of October 1990 Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography 18th of October 2001. Optional Protocol to the Convention on the Rights of the Child will become a legally binding instrument on 18 January 2002, according to a statement released by UNICEF from its headquarters in New York. “[101]
[1] Derek Scally, “Romanian Gangs Who Smuggle People into Ireland,” Irish Times, 12 March 2001.
[2] Jeffrey Fleishman, “Fleeing Poverty, Finding Slavery,” Inquirer, Stop-Traffic List Serve, 12 May 2000. [3] Gail Edmondson, Kate Carlisle, Inka Resch, Karen Nickel Anhalt, and Heidi Dawley, “Workers in Bondage,” Business Week, 27 November 2000. [4]Marius Dragomir, “Some Eastern European Women Searching for Better Lives Discover the Evils of Human Trafficking,” Transitions Online, 15 February 2001. [5] “Europe Task Force Vows to End Human Trade,” United Press International via COMTEX, 26 April 2001. [6] Aida Cerkez-Robinson, “New Special Police Units to Help Fighting Trafficking of Women,” Associated Press, 30 July 2001. See also Anthony M. DeStefano, “Smuggled for Sex: Reaching Out to the Victims,” Newsday, 13 March 2001. [7] Banja Luka, “37 Romanians, Moldovans Forced into Prostitution in Bosnia,” Agence France Presse, 15 November 2000. See also “UN, SFOR Involved in Bosnian Prostitution,” Reuters (Sarajevo), 18 May 2000, and “Report: Police Arrest Two Men in Trafficking Women” Associated Press, 1 January 2001. [8] International Organization for Migration Press Briefing Notes, 11 September 2001. See also Ravi Prasad, “Trafficking of Women on the Rise in Kosovo,” United Press International, 8 March 2001. [9] DOS Human Rights Report. http://www.state.gov/g/drl/rls/hrrpt/2001/eur/8327.htm [10] Anthony M. DeStefano, “Smuggled for Sex: Reaching Out to the Victims,” Newsday, 13 March 2001. [11] DOS Human Rights Report. http://www.state.gov/g/drl/rls/hrrpt/2001/eur/8327.htm [12] International Organization for Migration, Migration News Sheet, October 1997. [13] “Montenegro to Crack Down on Human Trafficking,” Associated Press, 10 December 2000. See also “Albania Blamed for ‘Major Role’ in Human Trafficking,” Albanian Daily News, 19 April 2001. [14] Derek Scally, “Romanian Gangs Who Smuggle People into Ireland,” Irish Times, 12 March 2001. [15] Marius Dragomir, “Some Eastern European Women Searching for Better Lives Discover the Evils of Human Trafficking,” Transitions Online, 15 February 2001. [16] “Spanish Police Detain 35 Pimps Denounced by Prostitutes,” Deutsche Presse-Agentur, 15 June 2001. [17] “Prostitutes Spread Illness: A Diversity of Illnesses Are Detected in Numerous Foreign Prostitutes Checked at the Istanbul Genitourinary Hospital,” Turkish Daily News, 13 January 2001. [18] Kyle Gillespie, “Military Police Free East European Women Who Say They Were Trapped in a Sex-Trafficking Ring,” Newsweek Online, 20 August 2000. See also “Romanian Charged with Human Trafficking in Cambodia,” Agence France Presse, 16 August 2000. [19] Tom Godfrey, “Strippers Get the Boot,” Toronto Sun, 17 March 2001. [20] “Police Seize Control of South Africa’s Largest Brothel,” Agence France Presse, 5 February 2000. [21] International Workshop on Trafficking in Women in Central and Eastern Europe, Budapest, IOM, 4-5 October 1997. [22] Rafael Bikbayev, “Egypt Police Investigates ‘Disappearance’ of Russian Women at Border,” ITAR-TASS News Agency, June 25, 2002. [23] David Binder: “WOMAN TRAFFICKING: ABOUT 700,000 WOMEN ARE TRANSPORTED YEARLY FOR THE SEX TRADE. AS MANY AS 200,000 OF THEM ARE TAKEN TO OR THROUGH THE BALKANS” Montreal Gazette, October 21, 2002 [24] DOS Human Rights Report. http://www.state.gov/g/drl/rls/hrrpt/2001/eur/8327.htm [25] Gail Edmondson, Kate Carlisle, Inka Resch, Karen Nickel Anhalt, and Heidi Dawley, “Workers in Bondage,” Business Week, 27 November 2000. [26] “Romania Rejects Accusations of Human Trafficking,” Associated Press, 16 July 2001. [27] Anthony M. DeStefano, “Smuggled for Sex: Reaching Out to the Victims,” Newsday, 13 March 2001. See also International Organization for Migration Press Briefing Notes, 6 March 2001. [28] “Sex Slaves: Trafficking in Human Beings from Moldova to Italy,” British Helsinki Human Rights Group, February 2001. [29] "Romania holds british child sex suspect," Reuters, 7 August 1997. [30] “Progress Report on the Measures Against the Trafficking Phenomenon in Romania. August 2002” Embassy of Romania in Washington DC [31] MIHAELA RODINA: ROMANIA: Romania fears prostitution and begging in West stain its image Agence France Presse July 25, 2002 [32] Calin Neacsu, “Romanian Children Sent West to Steal for Mafia,” Agence France Presse, 15 May 2001. [33] “Arrested German Paedophile Suspect Is HIV-Positive,” Agence France Presse, 10 January 2001. [34] “Sex Slaves: Trafficking in Human Beings from Moldova to Italy,” British Helsinki Human Rights Group, February 2001. [35] International Organization for Migration Press Briefing Notes, 6 July 2001, UN Wire, 9 July 200l. [36] “Romanian Court Scraps Ban on International Adoptions,” Agence France Presse, 28 September 2001. [37] “Romania’s Traffic in Babies: For Some, Selling Infants Is the Family Business,” 8 June 2001, http://www.abcnews.go.com [38] “Romania Bans International Adoption,” 22 June 2001, http://www.cnn.com [39] “Romanian Court Scraps Ban on International Adoptions,” Agence France Presse, 28 September 2001. [40] OSCE: “Fighting Against Trafficking in Human Beings in Romania” 2 September 2002 [41] Harold Briley, "Bitter winter for Romania’s street children," BBC, 2 January 1998. [42] Save the Children study, Albert Clack, "Romania: Life on the streets," http://www.foreignwire.com/abuse.html, 1998. [43] Financial Times (London), June 19, 2002. [44] Article 329. [45] Ibid. [46] Ibid. [47] Article 198. [48] Law of Romania No. 678/2001 “On the Prevention and Fighting Trafficking in Human Beings,” published in the Official Gazette No. 783, 11 December 2001, translation reprinted in Kristi Severance, Survey of Legislative Frameworks for Combating Trafficking in Persons (Washington, DC: American Bar Association Central European and Eurasian Law Initiative, 2003). [49] Article 12(2). [50] Article 12(3). [51] Article 13(1). [52] Article 13(2). [53] Articles 13(3)-13(5). [54] Article 14. [55] Article 15. [56] Article 19. [57] Article 16. [58] Article 12(1); Article 13(3) (aggravated circumstances in cases of trafficking in minors). [59] Article 2 para. 2. [60] Article 39. However, forced labor does not include any service of a military character or activities performed in lieu thereof by those who, according to the law, are exempted from compulsory military service for conscientious objection; the work of a sentenced person, carried out under normal conditions, during detention or conditional release; or any services required to deal with a calamity or any other danger, as well as those that are part of normal civil obligations as established by law. [61] Article 3. [62] Article 4. The relevant government agencies include: Ministry of Foreign Affairs, Ministry of Labor and Social Solidarity, Ministry of Local Public Administration, Ministry of Education and Research, Ministry of Health and Family, National Agency for the Protection of the Child and Adoption, Ministry of Interior, Ministry of Justice, and the Public Ministry (Prosecutor’s Office). [63] Trafficking in Human Beings in Southeastern Europe, pp. 41-42. [64] Article 6(1). [65] Ibid. [66] DOS Human Rights Report. http://www.state.gov/g/drl/rls/hrrpt/2001/eur/8327.htm [67] DOS Human Rights Report. http://www.state.gov/g/drl/rls/hrrpt/2001/eur/8327.htm [68] “Trafficking transit point, Romania also has its victims” http://www.msnbc.com/news/736676.asp#BODY [69] DOS Human Rights Report. http://www.state.gov/g/drl/rls/hrrpt/2001/eur/8327.htm [70] DOS Human Rights Report. http://www.state.gov/g/drl/rls/hrrpt/2001/eur/8327.htm [71] OECE: “Fighting Against Trafficking in Human Beings in Romania”, 2 September 2002 [72] Romanian Police Identifies Human Trafficking Networks, XINHUA GENERAL NEWS SERVICE , June 21, 2002 [73] OSCE: “Fighting Against Trafficking in Human Beings in Romania”, 2 September 2002 [74] Article 26. [75] Article 20. [76] Article 26(2). [77] Article 27. [78] Article 24. [79] Article 25. [80] Article 44. [81] Justice Department Targets Human Traffickers, Aids Victims, February 25, 2003, http://www.usembassy.it/file2003_02/alia/a3022511.htm [82] Article 32. [83] Article 35. [84] Article 38. [85] Article 39. [86] Article 37. [87] Article 40. [88] Articles 28-30. [89] Article 30(4). [90] Martine Veron: FRANCE TO TACKLE ROMANIAN PROSTITUTION AND BEGGING NETWORKS, Agence France Presse, August 29, 2002 [91] DOS Human Rights Report. http://www.state.gov/g/drl/rls/hrrpt/2001/eur/8327.htm [92] OSCE: “Fighting Against Trafficking in Human Beings in Romania” 2 September 2002 [93] Daniel Simpson: ROMANIA: FEATURE-EU HOPEFULS IN DAUNTING FIGHT AGAINST SLAVE TRADE, (Reuters), 12/Nov/01 [94] BOSNIA AND HERZEGOVINA- IOM LAUNCHES INFORMATION CAMPAIGN AGAINST TRAFFICKING , IOM Press Briefing Notes, August 13, 2002 [95] The agreement went into force on 1 February 2000. The agreement was also signed by Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Greece, Hungary, Macedonia, Moldova, and Turkey. [96] “Progress Report on the Measures Against the Trafficking Phenomenon in Romania. August 2002” Emabssy of Romania in Washington DC [97] ”Southeastern European countries bolster efforts to combat human trafficking”) November 27, 2001 Tuesday, AP Worldstream [98] Southeastern European Officials Shift Approach to Dealing with Human Trafficking, AIHA Connections Vol 8, No 1, January 2003, http://www.aiha.com/english/pubs/connect/news801.cfm#regional [99] OSCE: “Fighting Against Trafficking in Human Beings in Romania” 2 September 2002 [100] PP 2002. [101] UNICEF Hails Upcoming Entry Into Force of Treaty on Children's Rights, XINHUA GENERAL NEWS SERVICE October 23, 2001 | 
