Human trafficking is a pressing global issue, with millions of individuals falling victim to exploitation and abuse across various regions. According to EUROSTAT, in 2022, over 10,000 people in the European Union (“EU”) were victims of human trafficking (HT).[1] Romania faces significant challenges in addressing human trafficking based on its location within the Schengen Area and its proximity to other nations.[2] Given its geographic location along major migration routes, Romania is a transit country–with increased movement of refugees from numerous regions since joining the EU.[3]
In recent years, the country has made concerted efforts to combat human trafficking issues through legislative reforms and international cooperation. However, despite these efforts, the effectiveness of Romania’s anti-trafficking measures remains limited by gaps in funding, law enforcement, and victim support services—demanding comprehensive reforms at both domestic and international levels. This article will analyze the country’s legal framework and relevant international standards, identify key challenges, and provide recommendations for reform that target enforcement mechanisms.
Context and Legal Framework
Romania’s historical context—including economic challenges and political instability—creates an environment that is ripe for abuse.[4] Comparatively, Romania “remains among the top five in the EU for the number of victims concerned.”[5] Furthermore, poverty, unemployment, lack of education, and discrimination increase vulnerabilities—putting marginalized communities at higher risk.[6] In 2022, about sixty-three percent “of registered victims of trafficking in human beings in the EU were women or girls.”[7] Furthermore, sexual exploitation was the predominant form of trafficking, accounting for over forty percent of all trafficking crimes.[8]
In an effort to combat human trafficking in the country, Romania passed Law no. 678/2001—which was amended and later incorporated into Law no. 286/2009 of Romania’s Criminal Code.[9] The country’s statutory scheme is outlined in Article 210—defining human trafficking as “the recruiting, transporting, transfer, sheltering . . . of a person for exploitation purposes, perpetrated through coercion . . . by offering, giving, accepting or receiving money or other benefits in exchange for the consent of the person holding authority over the respective party.”[10] Romania’s statutory scheme further outlines the trafficking of minors in Article 211.[11]
Romania’s legal framework demonstrates an alignment to international standards, as the country is bound by the Council of Europe’s Convention on Action against Trafficking Human Beings (CETS 197).[12] Article 12 of CETS 197 requires that victims receive recovery support, legal protections, access to resources, and cooperation with civil organizations, regardless of their willingness to testify.[13] The treaty also contains provisions regarding victims’ ability to seek legal recourse.[14] While Romania’s judicial system imposes strict penalties on illicit markets and has achieved some success in disrupting smuggling activities, it faces criticism.[15] More specifically, the European Convention on Human Rights voiced its concerns about corruption, inefficiency, and limited legal recourse, which weakened Romania’s ability to prosecute trafficking effectively.[16] Additional concerns include inadequate victim services, judicial independence, compatibility with EU law, and substandard detention conditions.[17] Given these concerns, Romania is likely not in compliance with parts of CETS 197.[18] However, the treaty lacks a direct enforcement mechanism–making meaningful impacts more difficult to achieve.[19]
The U.N. Charter is a foundational treaty which was established in 1945—and it sets out the principles and framework for international cooperation. Romania became a member of the U.N. in December 1955.[20] Through membership, Romania signaled its commitment to uphold the values outlined in the charter. Article 55 of the United Nations (“U.N.”) Charter addresses human rights—stating that the U.N. shall promote “solutions of international economic, social, health, and related problems; and international cultural and educational cooperation.”[21] Section (c) further states that the U.N. shall promote “universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.”[22] By being a member nation, Romania has to continuously evaluate and amend its framework—to ensure compliance with the standards outlined in the charter. However, the U.N. Charter lacks direct enforcement mechanisms to hold member states accountable if they fail to meet these obligations—highlighting the need for Romania to proactively implement and enforce its law to combat and deter human trafficking. “Additionally, state-embedded actors have a limited, but functional, influence on Romanian society and state structures.” State-embedded actors are known to have been involved in financial crime and corrupt practices at border areas controlled by the Romanian Border Police.” [23] However, Romanian authorities have been increasing efforts to investigate these illicit activities.[24]
Challenges
The country’s prosecutorial body faces numerous challenges including procedural limits, delays, frequent turnover, and prolonged trials.[25] The U.S. Department of State notes that several NGOS have recommended amending the criminal code to streamline trial procedure.[26] In addition to challenges faced by prosecutors, Romanian law enforcement lack resources to conduct digital investigations, and lack funding that provides victim-centered training and trauma-informed practices.[27] While NGOs have provided some help, limited government funding hampers efforts.[28]
Romanian authorities faced challenges in tracking online criminal activities and lacked resources for effective digital investigations, often relying on personal devices.[29] Although training on victim-centered and trauma-informed practices was provided with help from NGOs and international partners, limited government funding hampered consistent implementation across law enforcement.[30] Furthermore, with the conflict between Russia and Ukraine, millions of refugees have migrated through Romania.[31] The Romanian government implemented assistance programs and measures to combat trafficking at borders, asylum, and other centers.[32] The country also created an online platform to provide refugees and potential trafficking victims information on available rights and services.[33] Romania’s actions reflect a continuing commitment to combating human trafficking in the region; however, improvements are needed in procedural and enforcement capacities.
Recommendations
To improve the fight against human trafficking, recommendations include legal reform at both domestic and international levels, increased training and funding for law enforcement and victim services, and public awareness campaigns.[34] Domestically, Romania can use its legislative powers to boost funding for law enforcement and victim support–with a focus on education and resources. Internationally, while Romania is bound by relevant treaties, these agreements often lack effective enforcement mechanisms; therefore, stronger compliance policies and procedures for member countries ought to be passed by the international bodies and agreements. Finally, awareness campaigns are crucial, providing at-risk individuals, especially young people, with information to help prevent trafficking.[35] The U.S. Department of State acknowledges that “[Romania has] [d]eficiencies within law enforcement, such as staffing shortages and unsustainable workloads, as well as knowledge gaps” which hinders progress.[36] Further, the government has shifted resources given the increase in refugees from Ukraine.[37] A potential reform to increase enforceability and accountability would be to propose international sanctions for countries failing to meet anti-trafficking commitments. Sanctions are an effective tool the U.N. can utilize as economic pressures can enhance compliance with its member nations.
In sum, a multi-faceted approach is essential to effectively respond to human trafficking crimes in Romania. Both domestic and international reforms are necessary including but not limited to statutory updates, law enforcement training, victim support resources, and public awareness. It is crucial that governmental leaders and international bodies collaborate, and effect change that is sustainable in order to protect vulnerable populations and uphold human rights.
[1] Eurostat Statistics Explained, Trafficking in human beings statistics, https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Trafficking_in_human_beings_statistics (last visited Nov. 15, 2024) [hereinafter Eurostat].
[2] See Bleona Restelica, Schengen Area: 2024 List of Member Countries, Schengen News (June 25, 2024), https://schengen.news/schengen-area-member-countries/.
[3] United Nations High Commissioner for Refugees [UNHCR], Secondary movement in Romania: The asylum-migration nexus, at 2, UNHCR Research Paper No. 148 (Dec. 2007).
[4] See Global Organized Crime Index, Romania (2023), https://ocindex.net/country/romania
[5] Id.
[6] George Tical & Danut Nechita, Human Trafficking – Phenomenon Present in Romania, 2014 EUR. J. PUB. ORD. & NAT’l SEC. 11, 13 (December 2014).
[7] See Eurostat, supra note 1, Figure 2.
[8] See Eurostat, supra note 1, Figure 5.
[9] See Tical & Nechita, supra note 6, at 12.
[10] Criminal Code [Crim. Code] art. 210 (Rou.).
[11] Crim. Code art 211.
[12] See C.E.T.S. No. 197.
[13] C.E.T.S. No. 197, art. 12.
[14] See id. art. 15.
[15] See supra note 4 and accompanying text.
[16] See id.
[17] See id.
[18] See C.E.T.S. No. 197, art. 10–16.
[19] See id.
[20] G.A. Res. 995 (X), ¶¶ 2–4 (Dec. 14, 1995).
[21] U.N. Charter art. 55, ¶ 3.
[22] U.N. Charter art. 55, ¶ 4.
[23] Supra note 4.
[24] See id.
[25] U.S. Dep’t of State, Trafficking in Persons Report (2024).
[26] Id.
[27] Id.
[28] Id.
[29] Id.
[30] Id.
[31] Id.
[32] Id.
[33] Id.
[34] See id.
[35] See Tical & Nechita, supra note 6, at 13.
[36] U.S. Dep’t of State, Trafficking in Persons Report (2023).
[37] See id.
