traffICkInG IdentIfIed and
aSSISted Were men, WIth
92% of men and Women
traffICked for labour
exploItatIon
55.
187 “Statistical Review 1: Moldova: Migration and Trafficking Survey” (2012), pp. 6-9, International Labour Organisation: http://www.iom.int/jahia/webdav/site/myjahiasite/
shared/shared/mainsite/published_docs/books/data_res_human.pdf
188 Ibid. 189 Ibid. 190 Ibid.
191 “Report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by the Republic of Moldova” (22 February 2012),
Group of Experts on Action against Trafficking in Human Beings: http://www.coe.int/t/dghl/monitoring/trafficking/docs/Reports/GRETA_2011_25_FGR_MDA_en.pdf
192 “Migration Health Project Information Sheet – Moldova” (October 2010), International Organization on Migration: http://www.iom.int/jahia/webdav/shared/shared/
mainsite/activities/health/promotion/Moldova-Health-Project-Info-Fact-Sheet.pdf
“Victims of Human Trafficking: A Statistical Profile” (2012), Moldova, International Organisation for Migration: http://www.usaim.org/sites/default/files/IOM%20MD_VoT%20 Statistical%20Profile%202012.pdf “Moldovan Migrants’ Health - Impact of the Socio-Economic Welfare.” International Organization on Migration: www.iom.int/jahia/webdav/ shared/shared/mainsite/activities/health/promotion/Moldova-Health-Project-Info-Fact-Sheet.pdf
in the range of 29,000 to 54,000. More recently, the International Labour Organization (ILO) added a module of questions to the 2008 Labour Force Survey, and obtained information on approximately 5600 migrant workers.187 Roughly 9% of the surveyed migrant workers were victims of forced labour abroad; the
ILO therefore estimates that, assuming the surveyed group is representative of all Moldovan migrant workers, the number of Moldovans trafficked for labour in 2008 was 29,500.188
notable aspects of the problem
Between 2005 and 2010, the IOM noted there are significant differences in relation to the choice of country of destination according to gender. Women mainly left for Italy, Spain, Germany and Cyprus. (In 2010, the number of women who went to Italy accounted for two thirds of the total number of persons leaving
Moldova.) Men mostly left for the Russia, Romania, Austria and the Czech Republic.189 During 2007-2010, the number of documented
women living abroad exceeded that of men by 20%.190
In 2012 GRETA identified Moldova’s “difficult economic situation, high rate of rural unemployment and the problem of violence against women” as the most significant factors in its citizens’ vulnerability to modern slavery.191 GRETA noted that groups
particularly vulnerable to modern slavery in Moldova include “women from socially disadvantaged families, women subjected to domestic violence, children left without parental care and children placed in state institutions.” From analysis of client information, IOM found that Moldovans most vulnerable to human trafficking include “victims of domestic violence, families in extreme economic hardship, single mothers and fathers, persons with disabilities and children whose parents are working abroad.”192
2. What IS the Government doInG about It?
The Government is making considerable efforts to address modern slavery. From a legal perspective, Moldova has ratified a number of treaties relevant to modern slavery but not the Slavery Convention or the Supplementary Slavery Convention, nor
the Domestic Work Convention.
The Moldovan Constitution prohibits slavery, servitude and forced labour. The Moldovan Criminal Code prohibits trafficking in children, forced or compulsory labour, and trafficking in human beings. The 2005 Law on Preventing and Combating Trafficking in Human Beings (Anti-Trafficking Law) is consistent with international and regional standards.
From a coordination and accountability perspective, Moldova has a National Committee for Combating Trafficking in Human Beings (National Committee) as the permanent consultative body of the Moldovan Government on modern slavery issues. Established in 2001, the National Committee has been performing its functions efficiently and effectively since 2008. It undertakes law and policy reform and has as its aim the monitoring and coordination of all relevant ministries (including the Ministry of Labour, Social Protection and Family) and other government bodies. While representatives of relevant International Organisations and
MOLDOVA Ratified
Slavery Convention No
Supplementary Slavery Convention No
UN Trafficking Protocol Yes
Forced Labour Convention Yes
Worst Forms of Child Labour Convention Yes CRC Optional Protocol on the Sale of Children Yes
Domestic Work Convention No
moldovanS moSt vulnerable
to human traffICkInG InClude
vICtImS of domeStIC vIolenCe,
famIlIeS In extreme eConomIC
hardShIp, SInGle motherS and
fatherS, perSonS WIth
dISabIlItIeS and ChIldren WhoSe
parentS are WorkInG abroad
56.
MOLDOVA CONtiNuED
193 “Report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by the Republic of Moldova” ( 22 February
2012) Group of Experts on Action against Trafficking in Human Beings: http://www.coe.int/t/dghl/monitoring/trafficking/docs/Reports/GRETA_2011_25_FGR_MDA_en.pdf
194 “Abuse of a Position of Vulnerability and other “Means” Within the Definition of Trafficking in Persons” (n.d.), La Strada International, United Nations Office on Drugs and
Crime: http://lastradainternational.org/?main=documentation&document=2940&search=moldova&so1=1&so2=1&so3=1&so4=1
195 “Report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by the Republic of Moldova” (22 February 2012)
Group of Experts on Action against Trafficking in Human Beings: http://www.coe.int/t/dghl/monitoring/trafficking/docs/Reports/GRETA_2011_25_FGR_MDA_en.pdf
196 “US Trafficking in Persons Report 2013”, Moldova Country Narrative, pp. 265-266, US Department of State: http://www.state.gov/documents/organization/210741.pdf 197 Ibid.
198 “Victims of Human Trafficking: A Statistical Profile” (2012), Moldova, International Organisation for Migration: http://www.usaim.org/sites/default/files/IOM%20MD_VoT%20
Statistical%20Profile%202012.pdf
199 “US Trafficking in Persons Report 2013”, Moldova Country Narrative, pp. 265-266, US Department of State: http://www.state.gov/documents/organization/210741.pdf 200 “Victims of Human Trafficking: A Statistical Profile” (2012), Moldova, International Organisation for Migration: http://www.usaim.org/sites/default/files/IOM%20MD_VoT%20
Statistical%20Profile%202012.pdf
NGOs are actively engaged with the National Committee193 NGO La Strada has raised the concern that the
structure was not finalised and the seat of NGOs is not permanent.194 Moldova’s National Committee clarified
its mandate and established a full-time executive secretariat in 2011. Critical for transparency, the Committee publishes a report on activities and progress on the plan annually.
Moldova has a National Plan of Action (NPA) 2012-2013 and is currently drafting a new NPA for implementation beginning fall 2013. The interventions outlined in the
current NPA are recognised for setting best practices in the region, and respond directly to various recommendations made by external commentators. Anti-trafficking action at the local level is co-ordinated by territorial commissions for combating trafficking in human beings, which are set up in each region as well as in each administrative district.195
Moldova has specialist police tasked with investigating and prosecuting modern slavery crimes. The Centre for Combating Trafficking in Persons (CCTP) was established in 2006 under the Ministry of the Interior with a view to improving the investigation and prosecution of cases of human trafficking. It is composed of officials assigned by the Ministry of the Interior, the Prosecutor General’s Office, the Customs Service, the National Bureau for Migration and Asylum, the Border Guard Service, the Information and Security Service, and the Centre for Combating Economic Crimes and Corruption. As part of a highly anticipated set of reforms for the Ministry of the Interior, La Strada’s former president was installed in 2012 as the director for CCTP and has begun to make changes in the organisation’s activities and operations. In 2012, under new leadership, the Centre implemented a series of reforms aimed at prioritising a focus on more complex cases. The number of investigations being conducted is growing: in 2012, the Government reported 171 trafficking investigations, compared to 135 the previous year.196
While investigations are growing, reports suggest that the biggest difficulty in prosecuting trafficking is the judiciary; therefore, new interventions are focused on awareness raising, training and capacity building of the judiciary. Problems have been noted with appeal judges overturning convictions with little or no explanation appeal, or giving a token sentence to an offender following conviction.197
Moldova has a system of victim protection, for which the Government provides a clearly articulated budget, in partnership with civil
society. In terms of coordination across that system, Moldova’s National Referral System for Assistance and Protection of Victims and Potential Victims of Trafficking (NRS) seeks to “establish co-operation and co- ordination between the counter-trafficking actors at every level: state structures, international organisations, non-governmental agencies and individuals at the local, national and transnational levels.”198 The NRS utilises
multi-disciplinary teams (police, social workers, lawyers, prosecutors etc) as the main operational unit of the NRS. The NRS’s approach is termed “proactive prevention” and has received praise from NGOs and GRETA, and according to the 2013 US TIP Report “is viewed as a model for other countries in the region.” Information from NGOs recorded in the 2012 US TIP Report did indicate that victim services were
inadequate, especially in certain regions. According to the US TIP Report 2013, the NRS was not active in Transistria.199 Nonetheless, in 2012, IOM introduced the NRS methodology in 6 out of 7 regions in
Transnistria, meaning this is used informally as best practice but is not yet a fully-fledged system.200