Trafficking in Human Beings

Transcription

1 Trafficking in Human Beings Legal framework and policies in the field Raluca Simion Dan Dragomirescu How Much? Human Trafficking and Prostitution Milan, 29 November 2007 A project financed by European Commission no. 2005/AGIS/185

2 Trafficking in Human Beings Legal framework and policies in the field

3 International legislation Romania signed the following documents: United Nations Convention against Transnational Organized Crime on December 14th 2000 (ratified by Law no. 565/2000) The two additional protocols adopted in New York in 2000 (ratified ied by Law no. 565/2000) The Protocol to Prevent, Suppress and Punish Trafficking in People, Especially Women and Children Supplementing the United Nations Convention Against Transnational Organized Crime The Protocol Against Smuggling of Migrants by Land, Air and Sea, supplementing the same Convention The Convention of the Council of Europe on Trafficking in Human Beings (ratified by Law no. 300/2006)

4 Internal legislation Law no. 678/2001 comprises provisions referring to: prevention of trafficking of human beings relative offences and criminal procedure in the field protection and assistance of the trafficking victims international cooperation

5 Prevention of trafficking of human beings The prevention activity is designed by the public authorities and the N.G.O.s together. The ministries involved in the prevention activities, apart from the Ministry of Interior and Administrative Reform and the Ministry of Justice, are the Ministry of Education and Research, the Ministry of Labour and Social Solidarity, the Ministry and Health and Family.

6 The Offences Trafficking in human beings offences - trafficking of adults - trafficking of minors Offences related to trafficking in human beings

7 The offence of trafficking - definition - Trafficking is defined as recruiting, transporting, transferring, harbouring or receiving a person, through the use of threats or violence or the use of other forms of coercion, through abduction, fraud or deception, abuse of power or by taking advantage of the person s s inability of defending themselves or to express their will or by giving, accepting or receiving money or other benefits.

8 The offence of trafficking - aggravating forms - When the trafficking has been committed by two or three persons together When it caused serious injuries to the corporal integrity or the health of the victim If the offence has caused the death or the suicide of the victim

9 Trafficking of minors The modalities of committing the crime are the same, just the passive subject is qualified, in the sense that it is a minor. If the minor is aged under 15, the sanctions are more severe. There are also aggravating forms of the offence. One of them is punishing the deed of the parent or tutor of the minor, who, in return of money or other benefits, agrees to the child s s traffic.

10 Offences related to trafficking human beings Trafficking of human beings having as a victim a person that is not a Romanian citizen. The law punishes the deed of a person who allows or causes the entry or stay on the Romanian territory of a foreigner, with the purpose of being trafficked. Child pornography

11 Victim protection measures - Romanian victims - The Romanian victims can, upon request, receive temporary accommodation,, for a period of 10 days, which can be prolonged up to 3 months or on the duration of the criminal trial. For this purpose several centers for the protection and assistance of the victims were created in 9 counties of Romania. They also receive legal and psychological counselling. The victim protection measures vary according to the victim type (women or children of different age groups).

12 Victim protection measures - foreign citizens - The Romanian authorities offer support for the repatriation of foreign citizens victims of trafficking in human beings. The foreign victims are hosted in special centres and are informed about the judicial and administrative procedures. They can receive medical and social assistance as well as psychological counselling. Within 90 days the victims can take a decision regarding the cooperation with the authorities. At their request, the victims can get a temporary stay-permit.

13 Procedural measures and international cooperation The criminal investigations are conducted by a prosecutor and undercover agents can be used for gathering evidence. If the victims are minors, the court sessions will not be open to the public, in order to protect the interests of the minors. In order to strengthen the cooperation between states stipulates providing liaison officers and liaison magistrates specialized in trafficking in human beings and also contact points within the Ministry of the Interior and the General Prosecutor s s Office.

14 Provisions of the Bill of the New Romanian Criminal Code It includes: Offences of trafficking in human beings Exploitation of persons Smuggling migrants Facilitating the illegal stay on the Romanian territory Using the services of an exploited person

15 Policies The Ministry of Interior created specialized units to combat trafficking in human beings. In 2007 a new institution started functioning The National Agency Against Trafficking in Human Beings,, which is still part of the Ministry of Interior. There is a fruitful cooperation with SECI (Southeast European Cooperative Initiative) The Regional Centre for combating transborder crime, Interpol and Europol in the THB field.

16 Policies A network of 56 judges specialized in THB came to life in The NGOs are actively involved in establishing plans of fighting against the THB, in prevention and victim assistance. The International Migration Office (IOM) played a very important role in the anti-trafficking trafficking policies. Two different government decisions established some agreements between the Romanian Government and IOM, with the purpose of creating shelters for victims.

17 Policies Other public institutions, such as the Ministry of Education and the Orthodox Church were involved in awareness campaigns. In 2006 a National Strategy against THB was designed for the period This strategy tried to identify the risk factors concerning trafficking in human beings at macro, micro and individual level.

18 Policies The risk factors are specific for THB and, from this point of view, Romania does not represent a special case while compared to other countries: Poor living conditions Lack of cultural background Gender discrimination A deficit on the labour market and the subsequent growth in migration outside Romania.

19 Policies The strategy aims to group the institutions involved on four components: prevention, combating, assistance and monitoring the assistance. The idea of this strategy is to lead to a better institutional cooperation and an improvement in the fight against the THB, the final purpose being to reduce the dimensions of THB.

20 Policies The strategy notes that one of the major problems is to have a complete view of the number of victims. The strategy also takes into consideration how the victims could be protected and assisted and how they could be reintegrated in the society. The strategy is accompanied by a plan of action with the purpose of implementing it.

21 Policies The action plan is designed around the main institution involved in the field the National Agency against THB. The main issues are: monitoring and evaluation of the phenomenon coordination between the institutions involved prevention in THB protection, assistance and social reintegration of victims investigating and combating the THB through international cooperation

22 Policies The Agency proved extremely active,, working in cooperation with the NGOs and the national and international organizations. The Agency does the following: collects statistical data on the phenomenon does research writes the national reports in the field represents Romania in the working groups at international level promotes its own prevention programmes.

23 Policies There are also other public and private institutions involved: Centres for the assistance and protection of the victims of THB The National Authority for Foreigners The National Refugees Office The National Authority for Protection of the Children s Rights International organizations, such as IOM Several NGOs (which undertake media campaigns, both at national and local level, especially in the areas with potential risk of attracting new victims).