Romania

Romania

  • A presumed victim of Trafficking in Human Beings is identified (recognized)

    A presumed victim of Trafficking in Human Beings is identified (recognized)

    Organisations most likely to be the first ones to identify a presumed victim

    • Directorate for Combating Organised Crime (DCOC) [1]
    • Directorate for Investigating Organised Crime and Terrorism (DIOCT)[2]
    • International Organization for Migration, Romania (IOM)[3]
    • General Directorate for Social Assistance and Child Protection (GDSACP)[4]
    • Non-governmental organisations specialised in assisting and protecting Victims of Trafficking in Human Beings[5]
    • Border Police
    • Transport Police
    • In Europe, Romania continues to be a primary source country for victims of sex trafficking and labour trafficking. Therefore, Victims of Trafficking in Human Beings are often identified in destination countries by specialised institutions and organisations, law enforcement, diplomatic missions or consular offices of Romania in the destination country.

    Presumed Victims of Trafficking in Human Beings identified in Romania:

    Through Romanian Judicial Bodies Victims of Trafficking in Human Beings may be identified through investigation and prosecution activities, which aim to gather the necessary evidence to prove cases of Trafficking in Human Beings or other relevant cases. These bodies include the DCOC and the DIOCT. Once a presumed victim has been identified, a notification is made to either the National Agency Against Trafficking in Persons’ Central or Regional Structures, and the victim is referred to the National Identification and Referral Mechanism of Victims of Trafficking in Persons (NIRM).

    In the community

    Any institution or organisation that has detected a potential victim of trafficking in persons/minors, both in Romania and at a transnational level should notify NAATIP as soon as:

    • they find signs/indicators[6] that a person is a potential/identified victim of Trafficking in Human Beings;
    • a person identifies themselves as a victim; or
    • there is information that a person is a presumed/identified victim of Trafficking in Human Beings.

    Romanian Citizens detected and/or identified in another country

    1. If a victim has been detected in a destination country, and s/he is a Romanian citizen, but there is no information pertaining to whether s/he has been formally identified as a victim in the destination country, then, that victim will be treated as a potential victim and the National Identification and Referral Mechanism of Victims of Trafficking in Persons can be used to determine their status.
    2. If a victim has been identified in a destination country, based on the notification and information provided by the identifying country, s/he will be registered as a victim in the National Identification and Referral Mechanism of Victims of Trafficking in Persons.
    3. If a victim has sought assistance from a diplomatic mission, or the consular office of Romania in the destination country, then, the embassy/consulate staff or other institutions that undertake victim identification, or referral tasks in the destination country, may make a referral to the NAATIP.

    Self-identification

    Victims can self-identify themselves by contacting their nearest Regional Centre of NAATIP, or through ‘Tel Verde’, the Romanian Anti-trafficking Assistance Telephone Line which is managed by NAATIP:

    – (+40) 21 313 31 00 (International)
    – 0 800 800 678 (Free National call)

    Once a notification has been made to NAATIP, the National Identification and Referral Mechanism of Victims of Trafficking in Persons is triggered and the process of formally identifying a victim can occur.

    [1] DCOC is a specialised unit focused on combating organised crime at a national level and is also responsible for Brigades and Services.

    [2] This is a specialised body that counters and investigates organised crime and terrorism.

    [3] IOM Romania, in cooperation with other IOM missions, relevant bodies and organisations, provides specialised assisted repatriation and reintegration services for Romanian citizens in vulnerable situations in foreign countries, and to foreign citizens in vulnerable situations within Romania.

    [4] GDSACP is a Romanian pubic institution, subordinate to county and local councils. It provides assistance and support for children, families, single people, elderly people, people in need, abused, marginalised or with disabilities. There are three (3) sections within GDSACP:

    • Child Protection Directorate
    • Adult Protection Directorate
    • Economic Directorate

    [5] These NGOs are organisations and foundations which have been registered as social service providers that provide, in accordance with field standards, specialised assistance services for victims of trafficking in human beings.

    [6] An integral part of the National Identification and Referral Mechanism of Victims of Trafficking in Persons (NIRM) is Annex 1, which contains a list of indicators or signs that can be used to assess a possible Trafficking in Human Beings situation, or to identify a presumed victim of Trafficking in Human Beings. It can assist in determining whether the elements of trafficking in persons were used and demonstrating exploitation. These indicators do not replace the accepted definition of trafficking in persons, and must also consider the factors that led to or contributed to the person becoming involved in the trafficking process, and long-term consequences such as stigma, health problems, economic loss, etc. Through individualised assessment and by considering the circumstances and particularities of each case, Romania applies a victimological perspective in their identification and support of victims.

  • National Point of Contact / Initial Referral

    National Point of Contact / Initial Referral

    The National Agency against Trafficking in Persons (NAATIP) is the National Point of Contact for Romania and is responsible, upon receiving a notification, for initiating a National Identification and Referral Mechanism of Victims of Trafficking in Persons (NIRM). Furthermore, NAATIP acts as a national rapporteur, and works with public institutions and nongovernmental organisations, both in Romania and abroad. Therefore, NAATIP plays a significant role in the identification of presumed Victims of Trafficking in Human Beings[1] .

    Contact details of NAATIP:
    Email: anitp@mai.gov.ro
    Phone: (+40) 21 311 89 82; (+40) 21 313 31 00
    Website: www.anitp.mai.gov.ro

    [1] There are two branches within NAATIP. Firstly, the Central Structure (CS NAATIP), and secondly, the Regional Centres (RC NAATIP).

  • Formal identification of a victim

    Formal identification of a victim

    Once a case notification has been made to the National Agency Against Trafficking in Persons (NAATIP) or to a specialist in another relevant organisation, and the presumed victim’s age and identity have been determined and their basic needs have been met, the operational procedure for identification in the National Identification and Referral Mechanism of Victims of Trafficking in Persons moves to a formal identification stage. Here, the status of a victim is determined following the assessment of the signs and indicators of Trafficking in Human Beings. This occurs through an ‘Identification Interview’, which only takes place if the victim is physically and emotionally able to give (and gives) their informed consent.

    Specialists from NAATIP, General Directorate for Social Assistance and Child Protection (CDSACP), non-governmental organisations specialised in assisting and protecting Victims of Trafficking in Human Beings, and/or IOM Romania may undertake this interview to determine the status of a victim. The identification stage is comprised of the following steps:

    • Action 1 – Obtaining Informed Consent.[1]
    • Action 2 – Interview, conducted by specialists, to Identify Victims of Trafficking in Human Beings and determine the status of the presumed victim.[2]
    • Action 3 – Communication of the decision and determined status, by the specialist in writing[3].

    There are two possible statuses:

    a. Determined to be a victim: If the decision is that the status of the person/minor is that of a victim, the victim will be informed about their rights; risks and special assistance needs will be assessed.

    b. Determined not to be a victim: In cases where the person presents a form of vulnerability and/or is a victim of another offense, the specialist conducting the interview will refer the person/ minor to the social assistance system or another relevant supporting institution.

    During this identification process, the presumed trafficked person is treated as a victim and provided with immediate access to assistance and support, regardless of whether the person is fit, or willing to cooperate with the criminal investigating authorities.

    [1] This consent must be obtained in writing, via a specific form; it must take into account opinions, fears and personal characteristics of the person/minor, and be obtained in a language the person knows (preferably mother tongue). In the case of minors, the consent must be given in the presence of a guardian or other legal representative. 

    [2] This identification interview requires a particular structure and form and involves asking questions to detect signs and indicators that suggest a situation of Trafficking in Human Beings. 

    [3] The person will receive this decision as a formal “Notification of the decision according to NIRM”. For minors, this will occur in the presence of a guardian and/or legal representative.

  • Reflection period

    Reflection period

    Romanian and foreign citizens who are victims of Trafficking in Human Beings have a right to a reflection and recovery period of up to ninety (90) days.[1] During this time, they should receive psychological counselling, medical and social assistance, information about the applicable legal and administrative procedures and, by request, accommodation in shelters or safe houses. Furthermore, if the person or minor is a foreign citizen, they must receive a residence permit to remain in Romania during this period.[2]

    At the beginning of the period, the victim is informed by specialists[3] regarding their possibilities of cooperating with the investigating and prosecution bodies, and/or the Directorate for Investigating Organised Crime and Terrorism (DIOCT)/Directorate for Combating Organised Crime (DCOC).

    This right and period automatically commences in the following circumstances:

    1. When a victim signs to acknowledge, that they have been advised in writing that a decision was made confirming that they hold the status of a presumed victim under the National Identification and Referral Mechanism of Victims of Trafficking in Persons (NIRM).[4]

    2. When a Romanian citizen has been presumed/identified as a victim in another country and referred for crisis assistance[5] in Romania but has not yet been granted a period of recovery and reflection.

    Cessation of a reflection/recovery period:

    Romanian legislation provides that the reflection period will cease if any of the below circumstances occur:

    1. If the victim of Trafficking in Human Beings initiates and re-establishes contact with the offender(s).
    2. If there is danger to the public order and national security.
    3. If it is found that the victim status was unjustifiably invoked.
    4. If the ninety (90) day period has expired.
    5. If the presumed/identified victim commences cooperation with the investigation and prosecution bodies.

    If a presumed/identified victim decides to cooperate with the investigating and prosecuting bodies during the recovery and reflection period, their decision will be communicated by the case manager to the relevant National Agency Against Trafficking in Person’s Regional Centre (RC NAATIP). RC NAATIP will then communicate with DCOC and/or DIOCT.

    Special cases:

    It should be noted that, in special cases[6], an additional period1[7] of recovery and reflection may be granted to allow for greater consideration to be given to the decision of cooperating with criminal investigation bodies. Such situations require a holistic assessment of the victim’s situation, taking into account their vulnerabilities, and capacity/incapacity to provide relevant information to the investigative body.

    [1] This period will be implemented by specialised institutions and organisations that have contact with the presumed/identified victim, such as The National Agency Against Trafficking in Persons, DCOC, DIOCT, non-governmental organisations and the General Directorate for Social Assistance and Child Protection (GDSACP). If the victim is a Romanian citizen who has been identified in a different country, then this period may also be implemented by specialised organisations that have contact with the victim, within the destination country.

    [2] The General Inspectorate for Immigration will assist specialised institutions and organisations to obtain this legal residence.

    [3] These specialists include those from the National Agency Against Trafficking in Persons, Labour Inspectorates, GDSACP, or specialised non-governmental organisations.

    [4] This formal notification also includes a statement that the person has a right to recovery and reflection period of up to 90 days.

    [5] The maximum period of crisis assistance is 90 days, to correspond with the maximum recovery and reflection period.

    [6] Special cases may include one or more of the following circumstances: where a person is a minor and a victim of multiple abuses, presumed victims with children or dependent family members, drug abuse which affects the victim’s ability to reflect, mental health problems affecting the victim’s ability to reflect, serious medical conditions (for instance those restricting movement or exposure to stress), high security risks, family members involved in the trafficking process are influencing the victim’s decision.

    [7] The period of crisis assistance for these special cases is often around six (6) months.

  • Is the victim willing to report a crime and take part in criminal proceedings?
  • Available assistance

    Available assistance

    Victims of trafficking have access to the National Identification and Referral Mechanism, which aims to ensure that victims of Trafficking in Human Beings know and understand their rights; safeguards the rights of victims of Trafficking in Human Beings; assesses victims’ needs; refers victims to and monitors specialised protection and assistance programs; coordinates participation of the victim in criminal trials; and contributes to assisting repatriation of the victim.

    Reintegration assistance to victims of trafficking is available regardless of their cooperation with investigation and prosecution bodies. It is flexible and individualised. Victims may have access to, and may be entitled to the following assistance:

    • Health
      • Assessment
      • Treatment
    • Psychological Support
      • Psychological counselling
      • Psychological therapy
      • Emotional support
    • Accommodation
      • Shelter
      • Housing (rent and utilities)
      • Improvement of living conditions (furniture, repairs)
    • Material Assistance
      • Food and clothing
      • Personal care supplies
    • Legal Assistance
      • Legal assistance and representation in criminal and/or civil matters
    • Education
      • Tuition fees
      • Educational materials
      • Vocational training
      • Informal education
    • Family and Social Support
      • Child care
      • Social counselling and mediation
      • Family income-generating support
      • Building community support
    • Professional Opportunities
      • Job placement
      • Vocational training
      • Microbusiness set-up
    • Empowerment
      • Development of independent life abilities
      • Budget and house management
      • Self-protection

    If a victim is unwilling to cooperate with investigation and prosecution bodies

    If a victim is unwilling to cooperate with the relevant competent authorities after the ninety (90) day recovery and reflection period, it does not exclude them from assistance. The following factors will be considered:

    • the victim’s long-term protection and assistance plan provided by a specialised non-governmental organisation is not conditional upon cooperation with investigating bodies;
    • completion of the assistance program;
    • referral of the victim to another protection and assistance program dedicated to a working with persons with a particular vulnerability which the victim may be a part of; and
    • if the victim is a foreign citizen and does not wish to cooperate with investigation and prosecution bodies, then they will receive support through assisted repatriation or be referred to a program which assists foreign citizens in Romania.
  • Type of assistance and contact details

    Type of assistance and contact details

    Type of Assistance Institution/Organisation Contact Details
    NAATIP is the National Point of Contact for Romania and activates the National Identification and Referral Mechanism upon notification.
    This tool:
    • safeguards that the rights of victims of Trafficking in Human Beings are upheld and respected;
    • assesses victims’ needs;
    • ensures referral to specialised protection and assistance programs;
    • coordinates the participation of the victim in criminal proceedings;
    • andcontributes to assisting the repatriation of victims.
    		NAATIP
    National Agency Against Trafficking in Persons Romania-wide     		Email: anitp@mai.gov.ro
    Phone:
    (+40) 21 311 89 82
    (+40) 21 313 31 00
    Website: www.anitp.mai.gov.ro    
    Specialised assisted voluntary repatriation and reintegration services for Romanian citizens in vulnerable situations in foreign countries, and to foreign citizens in vulnerable situations within Romania. IOM- Romania
    International Organisation for Migration, Romania Romania-wide     		Email: iombucarest@iom.int
    Phone: (+40) 21 210 30 50
    Website:
    www.ion.int
    www.oim.ro  
    Direct assistance:
    • Case management
    • Needs assessment
    • Victim of Trafficking profiling and follow-ups
    • Targeted direct material
    • Medical
    • Legal
    • Educational
    • Social and psychological assistance
          		ADPARE
    Association for the Development of Alternative Practices for Education and Reintegration Southern and Eastern Romania     		Email: adpare@adpare.eu Phone: (+40) 21 210 30 50 Website: www.adpare.edu  
    Case management:
    • Needs assessment Victim of Trafficking profiling and follow-up
    • Targeted direct material
    • Medical
    • Legal
    • Educational
    • Shelter
    • Social and vocational/independent economic activities assistance
    		People to People Foundation
    Western and Northern Romania     		Email: office@people2people.ro
    Phone: (+40) 259 411 137
    Website: www.people2people.ro
    Case management:
    • Needs assessment
    • Victim of Trafficking in Persons Profiling and follow-up
    • Targeted direct material
    • Medical
    • Legal
    • Educational
    • Shelter
    • Social and vocational/independent economic activities assistance
    		Fundatia MicuBogdan
    Central Romania     		Email: office@fundatiamicubogdan.ro
    Phone: (+40) 368 453 781
    Website: www.fundatiamicubogdan.ro  
    Case management:
    • Protection and risk assessment or relocation
    • Intervention/implementation of assistance
    • Personalised intervention planning and implementation: social, medical, psychological, familial, legal, professional, educational, financial
    • Psycho-social rehabilitation
    • Evaluation and monitoring
    • Socio-professional integration
    • Community ties
    		Betania Foundation
    Eastern Romania     		Email: office@asociatiabetania.ro
    Phone: (+40) 234 206 016
    Website: https://www.asociatiabetania.ro