ROMANIA'S SIXTH ANNUAL ANTI-TRAFFICKING IN PERSONS

UNCLAS BUCHAREST 000366

SIPDIS

SENSITIVE

DEPT FOR G/TIP, G, INL, DRL, PRM, IWI
DEPT FOR EUR/NCE WILLIAM SILKWORTH
DEPT FOR USAID

SIPDIS

E.O. 12958: N/A
TAGS: PGOVPRELPHUMPREFSMIGELABEAIDKCRMKWMN KFRDSOCIRO
SUBJECT: ROMANIA'S SIXTH ANNUAL ANTI-TRAFFICKING IN PERSONS
REPORT

REF: STATE 3836

SENSITIVE BUT UNCLASSIFIED. PLEASE PROTECT ACCORDINGLY.

Embassy Bucharest's submission for the annual Trafficking in
Persons report follows below with answers keyed to reftel.


1. (SBU) OVERVIEW:
--------------


A. Romania is a country of origin and transit for trafficking in
persons (TIP). While the majority of TIP cases pertain to
international trafficking between Romania and Western Europe,
there are cases of domestic trafficking as well. Victims -
primarily women and children - are trafficked for purposes of
sexual exploitation, labor exploitation and forced mendicancy.
The total number of victims identified by the Government of
Romania (GOR) in 2005 was 2250. The victims were identified
through: official complaints (462 cases),police raids (17
cases),investigations (1745 cases) and other means (26 cases).
The age/gender breakdown was as follows:
-10-13 years: 22 (18 male and 4 female)
-14-17 years: 344 (31 male and 313 female)
-18-25 years: 1225 (102 male and 1123 female)
-over 25 years: 659 (291 male and 368 female)

Out of this number, only 175 victims were assisted by the state.
The age/gender breakdown was as follows:
-10-13 years: 7 (4 male and 3 female)
-14-17 years: 54(11 male and 43 female)
-18-25 years: 82(10 male and 72 female)
-over 25 years: 32 women

130 of the assisted victims were repatriated from the following
foreign states: Italy (49),Spain (18),Germany (10),Greece (8),
France (8),Austria (7),Belgium (6),Holland (5),Turkey (5),
Macedonia (2),Denmark (2),Russia (1),Ireland (1),Cyprus (1),
Serbia (1) and other states (8).

The International Organization for Migration (IOM) assisted 100
victims, most of whom were referred by the GOR. They included 99
females and 1 male, of which 12 were children. IOM figures
indicate it assisted 12 victims between 15-17 years old; 39
victims between 18-20 years old, 35 victims between 21-29 years
old and 14 victims 30 years old or above. The forms of
trafficking of the victims assisted by IOM were the following:
sexual exploitation - 93 individuals; labor - 5 individuals;
begging - 2 individuals.

According to the GOR, many of the child victims came from Eastern
and Northern Romania. Boys are targeted for forced labor, petty
theft activities and solicitation. Girls are targeted for sexual
exploitation and solicitation. Adult victims generally come from
Southern Romania and are recruited by traffickers with the
promise of finding a job abroad.

The number of victims identified by the GOR likely reflects only
a fraction of the total number of victims f TIP-related crimes.
Many victims are reluctantto identify themselves, primarily
because of the social stigma associated with TIP activities.
There is also a general distrust among TIP victims of government
officials and their readiness to assist them. Many victims
either seek no assistance or prefer to take advantage of other
options rather than accept government assistance. Compounding
these attitudes is the GOR's relative inefficiency in referring
TIP victims to related services, reflecting at least in part
social prejudices against TIP victims.

According to the GOR, the persons committing TIP offenses
typically come from small organized criminal groups. Many of
these individuals are Romanian citizens who use trafficking as a
source of income. The GOR reported an increase in the number of
minors and women acting as traffickers, mostly as recruiters. In
2005, the General Directorate for Combating Organized Crime
(GDCOC) registered 1335 persons involved in TIP-related crimes:
- 182 minors (118 male, 64 female)
- 895 men
- 258 women
Among these, 55 were foreign citizens and 308 had a criminal
record. Separately, the General Inspectorate Border Police
(GIBP) identified 232 traffickers, composed of:
- 177 men
- 55 women

The General Prosecutor's Office has charged 518 traffickers,
composed of:
- 132 minors (99 male, 33 female)
- 307 men
- 79 women


B. In 2005, Romanian authorities noticed an increase in cases of
forced labor of victims between the ages of 30 and 40.
Statistics compiled by the Resource Centre (RC),which is a
dedicated unit within the Romanian government's GDCOC, determined
that women between the ages of 18 and 25 are more likely to
become victims of trafficking for sexual purposes than any other
age group or gender. Children are more likely to become victims
of trafficking if they came from State Centers, single-parent
homes and/or lived in a dysfunctional family environment (e.g.
families with financial difficulties, abuse, or alcoholism).
Victims are sometimes approached by family "friends" or other
persons of influence, and are promised well-paid jobs. In the
case of child victims, parents are typically assured that their
children would have a better life and/or receive money in
exchange for their children. The victims are moved outside of
Romania under the guise of "organized tourism." In most cases
victims travel legally. However, there are cases where false
documents are used or the victim travels across the border
illegally. Although no statistics from GOR or other sources
exist regarding TIP and the Roma community, Roma leaders
recognize that some Roma are victims of TIP, underscoring that
the poverty and social instability in a number of Roma
communities makes Roma particularly vulnerable to trafficking.


C. One limitation on addressing TIP issues is the fact that the
Inter-ministerial Working Group (IWG),which coordinates
activities among government agencies and works with international
organizations and NGOs, does not have budgetary authority or the
ability to enforce recommendations for combating TIP. Moreover,
the system of referral for victims for assistance is inadequate,
so referral often occurs via informal relationships, hence the
large number of victims identified compared with the number of
victims receiving government assistance. The identification of
TIP victims is inconsistent (both by the GOR and self-declaration
by victims),so some victims may not receive the social benefits
that they are entitled to. Funding for anti-TIP activities is a
limitation, especially at the county level. Counties are
obligated by law to assist TIP victims, but often have limited
budgets and other obligations that conflict with their support of
victims. There is also a need for a better cooperative framework
between the GOR and NGOs. NGOs have the experience and desire to
assist the government in anti-trafficking efforts, but often do
not have a voice in this regard. More efforts need to be made to
cut through bureaucratic limitations so that the NGOs can play a
more significant role in TIP efforts at every level.


D. The GOR monitors Anti-Trafficking efforts throughout the
government and in 2005 has improved its ability to gather
statistics regarding TIP. The IWG plays a vital role in
monitoring TIP efforts but is somewhat restricted, as mentioned
above. The creation of the National Agency for the Prevention of
TIP and for Monitoring the Protection of TIP Victims in late
2005, which will receive GOR funding in mid-2006, should give the
government a better ability to track TIP efforts and increase its
effectiveness in combating trafficking.


2. (SBU) PREVENTION:
--------------


A. The Romanian government recognizes that trafficking in
persons is a serious problem. As recently as January 2006, the
President of Romania identified human trafficking as one of the
more important issues that needed to be addressed by the
government. Romania also considers the fight against human
trafficking to be both a national and regional obligation. The
GOR is very active in the Southeast European Cooperative
Initiative (SECI) Bucharest-based regional anti-crime center, and
throughout 2005 a Romanian official headed the Task Force on
Combating Trafficking in Human Beings within SECI. SECI is a
regional model for sharing of law enforcement information,
including about TIP, and its TIP task force is one of SECI's most
successful endeavors.


B. Government agencies involved in anti-TIP activities include:
the Ministry of Administration and Interior (MAI),the General
Inspectorate of Border Police(GIBP),General Prosecutor's Office
(GPO),Ministry of Justice (MOJ),Ministry of Labor and Social
Solidarity (MLSS),Ministry of Education and Research (MER),
Ministry of Health (MOH),Ministry of Finance (MOF),Ministry of
Foreign Affairs (Human Rights Department),National Authority for
Child Protection (NACP),Ministry of Public Administration (MPA),
Ministry of European Integration, National Office for Refugees,
Ministry of Culture and Religion, National Audio-Visual Council,
National Authority for the Labor Force, Ministry of Youth, Agency
for Student Camps and Tourism and the National Authority for
Child Protection and Adoptions.


C. The GOR partnered with several different NGOs to produce anti-
trafficking campaigns aimed at children. There have been several
information and education campaigns both at the national and at
the local level in which the government has been either the
initiator or a key partner to international organizations or
NGOs. Some campaigns were financed by the government, while
others were financed by international donors through NGOs. Most
of the campaigns were conducted in schools and targeted all
levels of students. As many of the victims of trafficking drop
out of school early, it is difficult to assess whether these
campaigns are the most effective ways to reach the groups at
highest risk of being trafficked.

- The Trafficking in Children Prevention Project, held in June
2005, trained volunteers from the NGO Caritas and the Romanian
police. From July-November 2005, these volunteers and policemen
conducted 78 information sessions for an estimated 2340 students.
This project was funded by Caritas France and also carried an
anti-drug message to the children.

- A separate "Youth Trafficking Prevention in Romania Project",
which consisted of 28 seminars, was held in the capital,
Bucharest, and five other counties. 840 pupils attended these
seminars and a web site was set up by the Romanian National
Office to Combat Human Trafficking, which contained articles and
information about trafficking.

- The National Authority for the Protection of Children's Rights
(NAPCR) financed a nationwide program concerning the repatriation
and social integration of unaccompanied children, which would
include victims of trafficking. The program involved information
and education campaigns in 23 counties, where the target audience
was teachers and students. As part of the campaign, anti-
trafficking posters, banners and other materials were
disseminated within the schools, and workshops were held with
experts in the field of trafficking prevention.

- The NACP, the MAI, the Ministry of Transportation, Public
Works and Tourism, the Institute for Crime Prevention, the
Romanian Hotel Industry Federation and the National Agency of
Tourism Agencies participated in a public-private initiative
launched by Save the Children aiming to prevent trafficking and
sexual exploitation in the hotel and tourism industries. A group
of experts developed a code of conduct for hotels and tourism
industries and information materials were distributed in hotels
and through the tourism agencies.

While the campaigns may have reached some potential victims, data
does not exist regarding the true effectiveness of the programs.
There were no metrics put in place, or follow-up studies
performed, that could measure the programs' impact in the
communities.


D. The Ministry of Education and Research instituted mandatory
instruction on human trafficking for 8th and 10th grade students.
They also developed optional instruction on human trafficking in
the curriculum for 7th, 9th, 11th and 12th grades. Counseling
activities within the school were developed, as well as inter-
school psychological assistance offices, which would focus on
identifying possible TIP victims. The government worked closely
with the International Office for Migration (IOM) to produce an
interactive show for students called "Trafficking." In
conjunction with this, a poster contest was held with the theme,
"The Only Way is the Legal One," which focused on preventing
illegal migration. In March 2005, a job fair focusing on women
was organized by the Ministry of Labor, Social Solidarity and
Family. At the fair, 27,976 jobs were on offer and 37,120
individuals attended the fair. Out of this, 16,111 were selected
for interviews and 6,458 individuals were hired, of which 5,790
were women.


F. The relationships between government officials and NGOs
are not consistent as they vary from region to region, and from
institution to institution, both at the national and local level.
NGOs report good relationships with some authorities, in some
counties, while other authorities seem not very open to cooperate
with NGOs. Good cooperation depends in many cases on personal
contacts rather than on relationships at the institutional level.

At the national level, NGOs and international organizations
participate in the Inter-ministerial Working Group meetings. NGOs
report that their presence in these meetings is useful at the
level of information exchange, but their power in influencing
policy is limited.

A few counties reported that they created similar working-level
multi-agency teams comprised of representatives of civil society
and various governmental institutions involved in anti-
trafficking activities at the local level. These multi-agency
teams meet on a regular basis and have had some positive results,
but these are isolated examples.


G. The GOR monitors its borders through the General Inspectorate
of Border Police (GIBP). In 2005, there was evidence of a
reduction in illegal migration along the western border. The
GIBP monitors immigration and immigration patterns and uses this
analysis to prevent trafficking from occurring. In March 2005,
within the GIBP, a Directorate for Combating Illegal Migration
was established to monitor the flow of people across the border.
In 2005, a law was passed that stipulated additional safeguards
and regulations for children who were leaving the country, to try
to ensure that children were not being trafficked. The GOR has
worked closely with the European Union specialists, specifically
from England and Germany, to help strengthen Romania's borders.


H. Coordination on TIP issues among the government, international
organizations and NGOs occurs within the framework of the Inter-
ministerial Working Group (IWG),which is made up of governmental
ministries representatives and international organizations and is
coordinated by the Ministry of Administration and Interior (MAI).
NGOs and US Embassy representatives are invited to all IWG
meetings. In December 2005, the Romanian government passed a law
establishing the National Agency for the Prevention of TIP and
for Monitoring the Protection of TIP Victims. The agency will
have its own budget, will employ approximately 50 individuals,
and should be functional in the first half of 2006. The main
mission of this new agency will be the improved coordination of
TIP activities at the national level.
The GOR has a specialized investigative and prosecutorial unit
for public corruption based on the task force model. The
government formed an inter-ministerial council at the end of 2005
that meets regularly to coordinate the fight against corruption.
The Minister of Justice acts as the council's coordinator, and

invites NGO representatives and journalists to the council's
meetings. This council oversees implementation of the 2005-2007
National Anticorruption Strategy, which aims to prosecute high-
level corruption, increase transparency in public administration,
prevent corrupt business practices, and increase the integrity of
the judiciary. Nascent efforts of the National Anticorruption
Department to prosecute high-level corruption attracted much
attention, but produced limited results, with no high-profile
convictions in 2005. Little progress was achieved in the other
areas, though some legislation was passed to criminally sanction
tax evasion, to make public procurement more transparent, and to
align reporting obligations with international standards for
countering money laundering. Anticorruption efforts in 2005 were
not focused on TIP-related issues, but they did lead to the
conviction of several dozen police and customs officers for
corruption, which helped reduce the perceived ease of corrupting
public officials.


J. A five year National Action Plan for Combating Trafficking in
Human Beings was adopted in 2001. National agencies responsible
for the implementation of the Plan include: MAI-GDCOC, MOJ, MOF,
MFA, NACP, MLSS, MPA and MER. NGOs were consulted in the process
of adopting the decision, and are intended to act as partners
during all phases of implementation. The National Action Plan
was widely disseminated through seminars and training sessions.
In 2004, the government adopted a separate National Action Plan
on the Prevention of Trafficking in Children. The Ministry of
Administration and Interior working in conjunction with UNICEF
developed a draft anti-trafficking strategy for 2006-2010
accompanied by a detailed action plan for 2006-2008. A final
form of the strategy and action plan should be endorsed by each
ministry and then adopted by the government in early 2006.


3. (SBU) INVESTIGATION AND PROSECUTION OF TRAFFICKERS:
-------------- --------------


A. Law no. 678/2001 specifically prohibits trafficking, and
seeks to protect and assist trafficked victims. Article 2 of the
law specifically covers both trafficking for sexual exploitation
and trafficking for non-sexual purposes (e.g. forced labor).
Moreover, the law sets forth prosecution measures and punishments
for traffickers. Law no. 39/2003 for Combating Organized Crime
specifically defines TIP as a serious crime, and includes TIP
offenses. Article 2 of the law defines an organized criminal
group as follows: "a structured group formed of three or more
persons that exist for a period of time and acts in a coordinated
manner for the purpose of committing one or more grave offenses,
in order to obtain directly or indirectly a financial benefit or
other material benefit."


B. Violations of Article 12 of Law no. 678/2001 carry sentences
of three to twelve years and raise the sentence to five to
fifteen years for aggravating circumstances. The sentence
provided in Article 13 paragraph 1 is from five to fifteen years
if the victims are below the age of 18. The same article carries
terms of seven to eighteen years in case of trafficking of minors
under certain aggravating characteristics such as kidnapping
while armed, by a group of persons, or causing bodily injury. If
the kidnapping results in the death or suicide of the victim, the
sentence goes from fifteen to 25 years. Law 678/2001 defines
trafficking in two articles (12 and 13) and several paragraphs
that interact to provide a complex set of sentences ranging from
three years (at a minimum) to 25 (at a maximum). The sentence is
dependent on factors such as: number of perpetrators, age of the
victim, severity of damage caused to the victim, kidnapping or
fraud, and if violence or threats were used.


C. Article 197, which covers rape, carries a sentence of three
to 10 years, with the penalty raised to five to 15 years if the
act involves any of the following: two or more participants; is
conducted by the guardian of the rape victim; or if severe
injuries result. The penalties go to 10 to 20 years if the
victim is under 14. If the victim dies or commits suicide, the
sentence increases to 15 to 25 years. These penalties overall
are comparable to penalties for sex trafficking, as sentences for
both range from three to 25 years.


D. In Romania, prostitution activities are criminalized, to
include the activities of brothel owners and pimps. However,
there is no law to punish the client, with the exception that if
the prostitute was a minor and the client admitted knowing that
fact before the act, the client can be prosecuted for sexual acts
with a minor.


E. In 2005, there were 231 cases concerning infringements of Law
no. 678/2001 regarding trafficking in humans. Of the 231 cases,
124 cases involving 308 defendants were resolved. Of the 308
defendants, 235 persons were convicted, 10 persons were
acquitted, 29 had other sentences pronounced that were unrelated
to the TIP statues and 34 had their cases returned to the
prosecutor. After the appeals process, 146 persons were
sentenced in 2005 for TIP crimes:
- 8 persons were sentenced to jail for 6-12 months
- 64 persons were sentenced to for 1-5 years
- 64 persons were sentenced to jail for 5-10 years
- 1 person was sentenced to jail for 10-15 years
- 3 persons were given parole
- 6 people were sentenced to probation
Of the 146 final convictions, 12 were repeat offenders and 18 had
a criminal record.


F. There is no indication that human trafficking in Romania is
being conducted by large organized crime syndicates or other
large international groups; much of the trafficking is conducted
via small trafficking networks that maintain contact with other
small criminal groups for this purpose. Employment, travel and
tourism agencies have been identified as fronts for some
traffickers; however these were not common sources of
trafficking. There is no indication that government officials
are invlved in trafficking activities. There is no data o
suggest that trafficking profits are being chaneled to other
illegal activities.


G. The GORactively investigates TIP cases using a number of
methods, to include electronic surveillance and udercover
operations. The government also uses mitigated punishment and/or
immunity to encourage suspects to cooperate in TIP
investigations.


H. In 2005, prosecutors and judicial police who specialize in
TIP investigations participated in at least two seminars
dedicated to investigating and combating trafficking in persons.
Additionally, regular training is organized for law enforcement,
based on the Law Enforcement Best Practice Manual of Fighting
Human Trafficking in South Eastern Europe. Approximately 200 law
enforcement officers also attended the 2nd National Meeting of
Police Officers held in Brasov in November 2005; this meeting was
conducted with the financial support of the FBI, SECI and UNDP,
and provided an opportunity for officers to share experiences and
harmonize TIP investigations in the field.


I. In 2005, the GOR responded to 41 requests for international
judicial assistance concerning trafficking in humans. During the
same period, prosecutors from the Department for the
Investigations of the Organized Crime and Terrorism Offenses
formulated 29 requests for international judicial assistance.
These requests were directed from/to France, Germany, Austria,
Hungary and other countries. The Romanian government sponsors
the SECI regional anti-human trafficking task force and has daily
contact with liaison officers from the SECI member states. GIBP
exchanged information with both the SECI National Focal Point and
member states' legal attaches in order to combat TIP. The
government also has frequent contact with liaison officers of non-
SECI member states, via their respective embassies.


J. According to Romanian law, an extradition can be granted if
it meets specific conditions, such as: the offense is punishable
both under Romanian law and under the requesting country; the
offense carries a punishment of more than two years; and if the
person has already been convicted and the extradition is
requested for service of the punishment, the sentence must be
imprisonment of more than one year. In 2005, one request was
submitted to the government for extradition for TIP-related
offenses (the person was extradited to Greece in 2006).


K. There is no evidence of government involvement in or
tolerance of TIP.


L. The National Anti-Corruption Department (DNA) within the
National Prosecutors Office is the dedicated agency responsible
for prosecuting high-level corruption cases, to include
corruption related to trafficking in persons. This department is
currently investigating eight cases of corruption related to TIP.
Because these cases are in the investigation phase, and none have
been sent to the courts, no information is available at this
time.


M. Romania does not have an identified child sex tourism
problem, although the media have reported some incidents of
sexual abuse of children by foreign nationals visiting Romania.
Romania's child sexual abuse laws have extraterritorial coverage.
In the past, foreign pedophiles were arrested and prosecuted in
Romania for child sex offenses.


N. The Romanian government has signed and ratified the following
international instruments:

- ILO Convention 182 (Law 203/2000)
- ILO Convention 29 (Decree 213/ 1957)
- ILO Convention 105 (Law 140/ 1998)

- Optional Protocol to the Convention on the Rights of the Child
(CRC) on the sale of children, child prostitution, and child
pornography (Law 470/2001)
- Protocol to Prevent, Suppress and Punish Trafficking in
Persons, especially Women and Children, supplementing the UN
Convention Against Transnational Organized Crime (Law 565/2002)


4. (SBU) PROTECTION AND ASSISTANCE TO VICTIMS
-------------- -


A. Under the provision of Law 678/2001, victims of trafficking
shall receive special physical, legal and social protection and
assistance. They are entitled to physical, psychological and
social recovery. Upon request, TIP victims can receive temporary
accommodation in governmental shelters for ten days. The
accommodation time can be extended by three months or for the
entire duration of the criminal procedure, upon the request of
the criminal investigation authority. Victims of trafficking are
also covered under the Protection of Crime Victims Law, which
entered into force in January 2005. The law specifies that
Romanian authorities offer: information regarding victims'
rights; psychological aid; legal aid; and financial compensation
funded by the GOR. However, there is no clear mechanism that
stipulates how these provisions are to be applied in practice.
Whether or not a victim receives these benefits is dependent upon
the service provider's knowledge of the law and a laborious
bureaucratic process for fulfilling requests. In 2005,
governmental reports mentioned at least four operational state
shelters for adult victims of trafficking, each providing access
to legal, medical and psychological services to varying degrees.
However, the status of the shelters is continuously changing, as
some shelters close down and new shelters open. Keeping the
shelters functioning proved to be a challenge for county
authorities, who have limited resources for addressing many
competing social needs.

In 2005, 175 victims of trafficking were assisted by the
government; of those, 29 were assisted in state shelters. In
addition, there were 42 non-residential service centers
throughout the country that offered services to victims, upon
request. Like the shelters, the degree of services provided by
the non-residential centers is not uniform. There is no
available data regarding the number of victims assisted by the
non-residential service centers.

The government also finances transit centers in 11 counties for
protection of and assistance to children. The total capacity of
the centers combined is 117 children. According to GOR
statistics, between November 2004 and November 2005, 82 children
were repatriated and benefited from protection services from
these transit centers. These children were either victims of
neglect or abuse, or victims of trafficking (the GOR did not keep
separate statistics on trafficked children). 55 children (out of
the 82) benefited from support services in the family environment
(non-residential services). Besides the repatriated children, 50
children who were unaccompanied minors from within Romania's
borders also benefited from protection services. The services
offered by the transit centers also include prevention activities
and case files development for unaccompanied minors identified
abroad.


Legal aid and financial assistance is given to victims of TIP, as
well as to spouses, children and/or others if the victim is
deceased.


B. According to the law, NGOs that provide services to TIP
victims have priority in getting subsidies from the government.
NGOs also receive support from the government for short-term
activities, such as training of governmental employees,
prevention activities, and for addressing specific needs of
victims, such as issuing the identification documents, assistance
for finding employment, etc. Governmental support for NGOs is not
consistent, and is often dependent on personal relationships
established at the local level between NGOs and various local
authorities.


C. There is no systematic screening or effective referral process
to transfer victims detained, arrested or placed in protective
custody by law enforcement to NGOs. Rather the referral process
is informal and dependent upon whether authorities involved have
direct contact with NGOs that provide assistance to the victims.


D. According to Romanian law, modified in 2005, victims of
trafficking who are arrested for prostitution or begging cannot
be prosecuted for these offenses. However, in practice, victims
are frequently not recognized as victims of trafficking upon
arrest and are fined for their offenses. Only after a period of
investigation are they typically declared "victims." Since
Romania is not a primary destination country for international
trafficking, this concern primarily applies to victims of
internal trafficking. International victims are more often
identified as victims prior to or upon their repatriation.
Children are always considered victims in relation to trafficking
and they are the beneficiaries of support and protection
according to the Romanian laws.


E. Contained in Romanian legislation are special provisions that
provide benefits and protections for victims that assist in the
investigation and prosecution of trafficking offenses. Many
victims do not take advantage of these benefits and are often
hesitant to provide information against perpetrators of
trafficking because the victims have little trust that Romanian
authorities will follow through on their commitments.
Prosecutors responsible for TIP cases usually keep an objective
viewpoint when investigating TIP cases and are required to remain
unbiased when investigating whether a crime took place. For this
reason, TIP victims who provide critical information in the
investigation and prosecution of trafficking offenses normally do
not have an advocate when providing information. Victims are
able to file civil suits against their traffickers as part of the
criminal process or as a separate civil action. There are no
legal impediments to a victim seeking legal redress but the
Romanian legal system is very slow-moving and often victims are
not able to remain in the location when the investigation/trial
is taking place. There is nothing preventing witnesses from
leaving the country, and foreigners who are victims of
trafficking are repatriated at the expense of the Romanian
government. The repatriations are often as dictated by bilateral
treaties which Romania has with neighboring and western European
countries. Foreign citizens who are victims of trafficking have
the right to wait 90 days to decide if the would like to
cooperate in a criminal proceeding.


F. The GOR has both formal and informal measures for protecting
victims and witnesses of trafficking offenses. The formal system
includes assistance in changing the witness's identity and
residence. This is a specialized system that requires a
prosecutors' request and an assessment based upon criteria used
by the witness protection unit. Although these measures have
been used to protect witnesses in TIP cases in the past, they
were not used to protect any TIP victims in 2005. In addition,
the victim can invoke less formal judicial procedures to assist
in protecting their identity and reduce their contact with the
defendant and defendant's associates while testifying in court.
TIP investigators in several counties describe taking a personal
interest in ensuring the protection of TIP victims. At the same
time, individual TIP victims have continued to complain about
being contacted or harassed by traffickers and their associates.
The GOR provides shelter services for both adult and juvenile
victims of TIP offenses. There are currently four operational
state-sponsored TIP shelters for adult victims with ongoing
efforts to complete at least two more. The state facilities are
emergency shelters and are not designed for long-term
rehabilitation. Despite this, they offer a full range of
medical, psychological, and educational services along with
social services and employment assistance through staff that are
most commonly affiliated with broader social service programs for
children. Since the state shelters are administered through
local officials, their facilities, services, and relationship to
other service providers vary. Upon the request of the
prosecutor, victims are entitled to remain in the shelter
throughout the investigation and trial. Police and prosecutors
have a statutory obligation to inform victims of the right to go
to a state shelter and to have access to other services. In
practice, investigators report that a majority of victims do not
want to go to a state shelter. The interpretation of applicable
privacy rules often prevents law enforcement from placing the
victim in a state shelter without the victim's approval. The
best scenario for a trafficking victim who is interested in long-
term assistance would be to be placed with one of the NGOs that
support TIP victims who are in a better position to provide long-
term care for the victim. Minors who are victims of trafficking
have a series of possible care facilities which include:
emergency centers, transit centers, the victim's family with the
support of social services, foster care, or placement centers.
If a child is identified as a victim of trafficking he/she would
not be placed in a juvenile justice detention center.


G. Specialized training for GOR officials continued in 2005.
Romanian judges participated in three national seminars, where EU
and international laws governing trafficking were presented and
discussed. Officers from the General Department for Combating
Organized Crime were involved in seminars that dealt with
combating human trafficking in Southeast Europe. 27 specialized
prosecutors also participated in training sessions that dealt
with TIP issues. Representatives from different parts of the
government that have a role in the prevention of trafficking
participated in a September 2005 seminar on combating human
trafficking on the Romanian-Bulgarian border. Representatives
from governmental and non-governmental organizations participated
in an IOM sponsored regional program in Zagreb, Croatia that
dealt with the issuance of travel documents and the support of
witnesses and victims involved in trafficking cases in the Balkan
countries. In August 2005, 150 individuals from the Romanian
government and Romanian NGOs participated in a series of seminars
sponsored by IOM, UNICEF, the Canadian Agency for International
Development, UK Embassy and USAID. These seminars dealt with
Identification and referral of TIP victims and improving the
legal assistance given to TIP victims.

The Romanian Ministry of Foreign Affairs encourages its embassies
to foster contacts with NGOs and international organizations that
are involved in TIP issues. The training received by MFA
officers prior to their assignment has some applicability in
assisting TIP victims, but, specific training for MFA officers on
TIP issues is limited.


H. The Romanian government does provide assistance to TIP
victims who are repatriated. The victims are repatriated at the
cost of the government and, if they are identified as a TIP
victim, they are eligible to receive the same benefits as
internal victims. These benefits were described above in section

A. To reiterate, the majority of TIP victims do not chose to
take advantage of the assistance offered. The reasons for this
may include an over-reliance on police to explain the services
and a lack of trust that many TIP victims feel toward government
institutions.


I. The Romanian government cooperates with the following
international organizations and NGOs that work on TIP issues:

IOs:
UNICEF, IOM, International Labor Organization.

NGOs:
Red Cross - Romania - information education campaigns to prevent
child trafficking

Salvati Copii (Save the Children)
- Activities aiming to prevent trafficking and sexual
exploitation in the hotel and tourism industries. A group of
experts developed a code of conduct for hotels and tourism
industries. Information materials were produced and distributed
in hotels and through the tourism agencies.
- Social assistance and counseling for child victims of
trafficking.
- Training for border police, police and social workers on
interviewing children victims of trafficking.

Caritas - anti-TIP and anti-drug information education campaigns
in schools.

AIDRom - Prevention and training activities for governmental and
non-governmental representatives to acquire the necessary skills
for identifying and solving potential situations that could lead
to trafficking and to establish a network of local contacts
involved in similar anti-TIP activities.

Young Generation - shelter, social assistance and counseling to
victims of trafficking


Social Alternatives - prevention activities, anti-trafficking
newsletter, psychological assistance to victims of trafficking

Reaching Out - long-term reintegration services to victims of
trafficking, social assistance, counseling and shelter

Adpare - shelter, counseling, reintegration services for victims
and also prevention activities including peer education program
in Bucharest schools

Betania - social assistance and counseling

Conexiuni - social assistance and counseling

Romanian Orthodox Church - Banat Metropolitan See - shelter,
counseling and reintegration services


5. (SBU) NOMINATION OF HEROES AND BEST PRACTICES
-------------- --------------


A. TIP Heroes: Post nominates Iana Matei, the founder and
coordinator of the local Romanian NGO, Reaching Out. Since 1998,
Reaching Out has established itself as the most successful
organization in Romania helping TIP victims. Despite a small
budget and almost exclusive reliance on private donations, it has
provided direct assistance to 127 victims of trafficking.

Ms. Matei's accomplishments are especially impressive when
weighed against the barriers of social prejudice she initially
encountered when she tried to set up Reaching Out. Many local
officials were non-responsive, and some were even hostile to her
goal of helping victims. These officials echoed the sadly
prevalent view that many of the victims were merely willing
participants in prostitution and did not merit help.
Fortunately, Matei persevered in her efforts to establish
Reaching Out. At the beginning, Matei was virtually alone in
advocating help to trafficking victims. However, she maintained
an active dialogue with local officials, eventually earning their
respect and cooperation. Today, police routinely refer victims
to Matei's shelter. Indeed, when PolOff visited the shelter
recently, police officers were delivering a young woman to the
shelter for care. Additionally, Matei created and has maintained
a dialogue with local and national government officials, earning
their respect and helping to change attitudes toward TIP.

Matei has worked tirelessly to address the needs of trafficking
victims in her care. Reaching Out offers a recovery and
assistance program that provides victims with shelter, health
care, legal aid, the opportunity to complete their education and
the possibility to learn new skills that would enable them to
enter the workforce. Upon completion of the program, Reaching
Out acts as a mediator for victims while they seek employment,
with the aim of reducing the victim's chances of re-entering the
TIP cycle. Reaching Out also carries out information-awareness
campaigns targeting potential child victims in several cities in
the country.

In sum, Reaching Out's success can be attributed to the diligent
efforts of Matei to help victims of trafficking and to educate
local and national officials on the importance of helping these
vulnerable persons. She serves as a true example of someone
committed to helping TIP victims.


B. Best Practice: Post nominates the production of a UNICEF-
financed report on TIP called: "Implementation of Policies on
Combating and Prevention of Trafficking of Human Beings and on
the Assistance Provided to Victims in Romania." This report was
commissioned by the GOR's Inter-ministerial Working Group on TIP
and was the most comprehensive report on human trafficking in
Romania to date. The report was authored by a private company,
The Institute of Surveys, with technical assistance from UNICEF.
This report proved to be a candid assessment of the TIP situation
in Romania and clearly delineated the gaps in anti-TIP efforts.
To Post's knowledge, UNICEF had complete access to government
officials and official information, and no attempt was made on
the part of the government to influence the outcome of the
report. This "snapshot" of trafficking in persons in Romania
will serve as a useful tool for the new TIP agency that is being
formed, and already has begun to serve as a roadmap for how to
improve the GOR's response on TIP issues.


6. (U) Embassy POC is Philip Knecht, at 011-40-21-200-3435, Fax
011-40-21-200-3442. The following Embassy personnel spent the
approximate time indicated in the preparation of this report:
PolOff Phil Knecht, grade, FS-04, 80 hours; Radu Pop, Political
Specialist, 50 hours; Gabriela Manta, Project Management
Specialist, 20 hours; DOJ Legal Attach, Tim Ohms, 6 hours; DOJ
Legal Assistant, Monica Custura 6 hours, Deputy Political Chief,
Chris Palmer, grade FS-02, 4 hours, Political Chief, Robert
Gilchrist, grade FS-02, 6 hours.


7. (U) Amembassy Bucharest's reporting telegrams are available
on the Bucharest SIPRNET Website:
www.state.sgov.gov/p/eur/bucharest .

TAUBMAN