What is Human Trafficking?

National legislation and reports

What is Human Trafficking?

Trafficking in human beings is a serious crime, often committed in the context of organised crime, and is a serious violation of fundamental rights, which is explicitly prohibited by both national and international law.

 

Trafficking in human beings is the recruitment, transportation, transfer, harboring or receiving of persons, including the exchange or transfer of control over the persons concerned, carried out under threat or by the use of force or other forms of coercion, by kidnapping, by fraud, by deception, by abuse of power or by taking advantage of a state of vulnerability, or by offering or receiving money or other benefits in order to obtain the consent of a person in control on another, for exploitation. Exploitation includes at least the exploitation of the prostitution of other persons or other forms of sexual exploitation, forced labour or service, including begging, slavery or slavery-like practices, enslavement, exploitation of criminal activities or organ harvesting. (see Directive 2011/36/EU)

In Romanian legislation, the legislative framework for combating trafficking in persons is represented by the Criminal Code, and by Law 678/2001 on preventing and combating trafficking in persons. Another extremely important normative act is GD 88/2023 on the National Mechanism for the Identification and Referral of Victims of Trafficking in Persons.

The main crimes of trafficking and exploitation of vulnerable people are the following:

Art. 210. Trafficking in Persons – Criminal Code

(1) Recruitment, transport, transfer, shelter or reception of a person for the purpose of exploiting him/her, committed:

a) by coercion, kidnapping, misleading or abuse of authority;
b) taking advantage of the impossibility of defending himself or of expressing his will or of the state of obvious vulnerability of that person;
c) by offering, giving, accepting or receiving money or other benefits in exchange for the consent of the person who has authority over that person, shall be punished with imprisonment from 3 to 10 years and the prohibition of exercising certain rights.

(2) The consent of the person who is a victim of trafficking does not constitute a justifying cause.

Art. 211.- Trafficking of minors – Criminal Code

(1) The recruitment, transport, transfer, shelter or reception of a minor, for the purpose of exploiting him/her, shall be punished with imprisonment from 3 to 10 years and the prohibition of the exercise of certain rights.
(2) If the deed was committed under the conditions of art. 210 para. (1), the penalty is imprisonment from 5 to 12 years and the prohibition of exercising certain rights.
(3) The consent of the person who is a victim of trafficking shall not constitute a justifying cause.

Art. 212. – Submission to forced or compulsory labour | Criminal Code

The act of subjecting a person, in cases other than those provided for by law, to work against his will or to compulsory work shall be punished with imprisonment from one to 3 years.

Art. 214. – Exploitation of begging | Criminal Code

(1) The act of the person who determines a minor or a person with physical or mental disabilities to repeatedly appeal to the mercy of the public to ask for material help or benefits from this activity shall be punished with imprisonment from 6 months to 3 years or with a fine.
(2) If the act is committed in the following circumstances:

a) by the parent, guardian, curator or by the person who takes care of the person who begs;
b) by coercion, the punishment is imprisonment from one to 5 years.

Art. 216. – Use of the services of an exploited person | Criminal Code

The act of using the services provided in art. 182, provided by a person whom the beneficiary knows to be a victim of trafficking in persons or trafficking in minors, shall be punished with imprisonment from 6 months to 3 years or with a fine, if the act does not constitute a more serious crime.

For more information:

LAW no. 678 of 21 November 2001 on preventing and combating trafficking in persons – https://legislatie.just.ro/Public/DetaliiDocumentAfis/32589

DECISION no. 88 of January 31, 2023 for the approval of the National Mechanism for the Identification and Referral of Victims of Trafficking in Persons – https://legislatie.just.ro/Public/DetaliiDocument/264575

NATIONAL MECHANISM of 31 January 2023 for the identification and referral of victims of trafficking in human beings – https://legislatie.just.ro/Public/DetaliiDocumentAfis/265243

Other useful reports:

ANITP Reports – https://anitp.mai.gov.ro/subiectele/cercetare/rapoarte-anuale/

International legislation and reports

International law

Palermo Protocol (2000) – EN – EN

Council of Europe Convention on Action against Trafficking in Human Beings (2005) – EN – EN

EU Anti-Trafficking Directive (2011) – EN – EN

International Reports

Global Slavery Index Reports – https://www.walkfree.org/global-slavery-index/downloads/

TIP-https://www.state.gov/reports/2023-trafficking-in-persons-report/ Reports

ILO (International Labour Organization) Reports – https://www.ilo.org/global/topics/forced-labour/publications/WCMS_854733/lang–en/index.htm

GRETA reports – https://www.coe.int/en/web/anti-human-trafficking/country-reports-and-evaluation-rounds

European Union Reports on Trafficking in Human Beings – https://home-affairs.ec.europa.eu/policies/internal-security/organised-crime-and-human-trafficking/together-against-trafficking-human-beings/publications_en