Demande directe (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Convention (n° 29) sur le travail forcé, 1930 - Roumanie (Ratification: 1957)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. National Strategy Against Trafficking in Persons. In response to its previous comments, the Committee notes the Government’s information in its report that two National Action Plans to prevent trafficking in persons were developed during 2018 to 2022 for the implementation of the National Strategy Against Trafficking in Persons 2018–2022. The Government provides detailed information on several national campaigns carried out by the National Agency Against Trafficking in Persons (ANITP), during 2019 to 2022, both individually and in partnership with other public institutions, as well as national and international non-government organizations. These campaigns aimed to increase the level of information and awareness of the population as a whole, as well as targeted groups, regarding the risks and implications associated with trafficking in persons, and to reduce vulnerabilities to trafficking and revictimization,

The Committee also notes that the Inter-Ministerial Committee for Strategic Inter-sectoral Coordination of the Fight against Trafficking in Persons was established in 2023 with the aim of ensuring a coherent and coordinated approach to the implementation of the policies combating trafficking in persons. Moreover, a new national strategy against trafficking in persons for the period 2024–2028, along with a subsequent National Action Plan for 2024–2026, was adopted with a view to establishing a more efficient anti-trafficking system that will address the findings and difficulties encountered during the implementation of the previous strategy, such as increased prevalence on internally trafficked victims, insufficient and unspecialized officials who are in contact with victims, insufficient funding, lack of uniformized understanding and approach regarding the protection and assistance provided to victims. The new Strategy outlines five general objectives, under which there are 18 specific objectives structures around the four fundamental anti-trafficking pillars: prevention, punishment, protection and partnership. The Committee takes due note of this information and encourages the Government to continue its efforts to combat trafficking in persons, including domestic trafficking, and take the necessary measures for the effective implementation of the five objectives of the National Strategy Against Trafficking in Persons and its national action plans. The Committee requests the Government to provide information on the monitoring of the implementation of the Strategy, which is under the responsibility of the Inter-Ministerial Committee for Strategic Inter-sectoral Coordination of the Fight against Trafficking in Persons in combating trafficking in persons, indicating the progress achieved, the difficulties encountered, and proposed corrective measures.

2. Protection and assistance for victims. The Committee notes the Government’s information that in 2022 the National Crime Support Prevention Mechanism, an institutional and financial instrument that ensures the allocation of resources for the protection of victims of crime, including victims of trafficking, was operationalized. Funds raised by the Mechanism through the recovery of confiscated assets, as well as those obtained through the enforcement of confiscation orders in criminal proceedings, are used to finance projects aimed at legal education, crime prevention and the assistance and protection of victims. The Government also indicates that the review process of the National Identification and Referral Mechanism was finalized in 2023. This tool promotes multidisciplinary and integrated team intervention at all stages, from identification to referral of victims of trafficking. This ensures a more effective response so that victims can benefit from integrated support based on their needs and specific situation.

The Government indicates that, in 2022, 500 victims of trafficking were identified and notified to the anti-trafficking system; 262 victims benefited from a range of protection and assistance services, including psychological counselling, healthcare, financial and material aid, school or job reintegration, accommodation, and professional advice and retraining. Moreover, 33 victims of trafficking were awarded financial compensation by the courts in 2020. The Committee requests the Government to continue to strengthen the functioning of the National Identification and Referral Mechanism in order to ensure that all victims of trafficking in persons, for both sexual and labour exploitation, are identified and provided with adequate protection and assistance. It also requests the Government to provide information on the victims of trafficking (number, gender, nationality, type of exploitation), the protection and assistance services provided, as well as the number of cases in which financial compensation has been granted.

3. Prosecution and application of sanctions. The Committee notes the detailed information provided by the Government on the various training activities carried out for the law enforcement bodies to combat trafficking in persons. According to this information, from 2019 to the first quarter of 2023, the National Institute of Magistracy organized six training sessions, including two seminars which were attended by a total of 40 judges and 53 prosecutors and covered various topics related to the phenomenon of trafficking in persons, including criminal typologies; specificities of the investigations, trauma and its impact on the victim's ability to make statements in criminal proceedings; identification, referral and assistance to victims; and international judicial cooperation. In addition, regional trainings for police officers and prosecutors are being conducted as part of the “Strengthening Proactive Criminal Justice Response to Trafficking in Persons in Romania” Project, covering topics such as victim-centred trauma-informed law enforcement response; legal context of trafficking offences; interviewing techniques for child victims; and use of the internet and social media in investigations. In September 2022, the Asset Recovery Offices organized training sessions to provide law enforcement professionals with the necessary theoretical and practical knowledge and specialized tools, for financial investigations and recovery of proceeds of crime in cases of trafficking in persons. The Government also indicates that in 2023 a toolkit was developed to train labour inspectors to identify and report cases of labour exploitation. In 2021, 13 million LEI was allocated to equip the Police with a technological system to detect and investigate online trafficking in persons in a more efficient and rapid manner.

With reference to the investigations and judicial proceedings initiated under sections 210 (trafficking in persons) and 211 (trafficking of minors) of the Criminal Code, the Committee notes the Government’s information that: in 2020, a total of 549 cases were registered, including 54 cases of trafficking for labour exploitation and 97 indictments were issued; in 2021, a total of 3,655 persons were investigated, including investigations initiated in the previous years, and 175 convictions were secured, of which 35 convictions were for trafficking in persons for labour exploitation; in 2022, a total of 2,873 persons were investigated of which 264 cases were related to trafficking for labour exploitation. According to the centralization of the data on the convictions ordered in 2022, 137 persons were sentenced to a total of 707 years, averaging 5.6 years of imprisonment applied for persons convicted for offences relating to trafficking in persons, alongside fines.

The Committee however notes that the United Nations Committee against Torture (CAT), in its concluding observations of August 2023, expressed concern over the use of plea bargaining and the imposition of inadequate criminal penalties for the crime of trafficking in persons, including sentences below the penalty established by law and minimum penalties that have resulted in the imposition of suspended offences (CAT/C/ROU/CO/3). The Committee requests the Government to continue its efforts to strengthen the capacity and coordination of the law enforcement bodies, including labour inspectors, to identify cases of trafficking for both sexual and labour exploitation and to ensure that prompt investigations are undertaken to allow for the prosecution of perpetrators and the imposition of sufficiently dissuasive penalties of imprisonment. It also requests the Government to continue to provide information in this regard as well as on the number of investigations and prosecutions carried out, the number of perpetrators convicted and the specific penalties imposed for the offences relating to trafficking in persons.