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Viewing cable 08CHISINAU175, MOLDOVA: EIGHTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT
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Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
08CHISINAU175 | 2008-02-21 14:52 | 2011-08-30 01:44 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Chisinau |
VZCZCXRO3892
RR RUEHAG RUEHAST RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN
RUEHLZ RUEHPOD RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHCH #0175/01 0521452
ZNR UUUUU ZZH
R 211452Z FEB 08
FM AMEMBASSY CHISINAU
TO RUEHC/SECSTATE WASHDC 6301
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHVEN/USMISSION USOSCE 2359
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RUEHC/DEPT OF LABOR WASHINGTON DC
RUEAHLC/HOMELAND SECURITY CENTER WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHAD/AMEMBASSY ABU DHABI 0113
UNCLAS SECTION 01 OF 17 CHISINAU 000175
SIPDIS
SENSITIVE
SIPDIS
DEPT FOR G/TIP, G, INL, DRL/AE, PRM, EUR/UMB
STATE PLEASE PASS TO USAID, DEPARTMENT OF JUSTICE, DEPARTMENT OF
HOMELAND SECURITY, DEPARTMENT OF LABOR, AND DEPARTMENT OF TREASURY
E.O. 12958: N/A
TAGS: PHUM PGOV KWMN ELAB SMIG KFRD KCRM PREF MD
SUBJECT: MOLDOVA: EIGHTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT
REFS: A. STATE 02731, B. 07 STATE 150188, C. 07 Chisinau 1354
Introductory Notes
------------------
¶1. (U) Responses are keyed to questions in ref A, which requests
post's contribution to the eighth annual Trafficking in Persons
(TIP) Report.
¶2. (SBU) Summary: Anti-TIP efforts in the Republic of Moldova
mostly were undertaken by NGOs and international organizations
(IOs), primarily because of the Government of Moldova's (GOM's)
funding and staffing constraints. (Note: The following entities
cited in this report receive U.S. Government funding: UNDP, Winrock
International, Catholic Relief Services, and the International
Organization for Migration, or IOM. The USG supports the
development of the GOM's Center for Combating Trafficking in Persons
(CCTIP). End note.) These NGOs and IOs have the money, the
educated staff, and time to devote their undivided attention to the
effort. We are seeing some progress towards the GOM's assumption of
responsibilities which are the monopoly of government:
investigation, arrests, inter-agency cooperation, and case
management. However, prosecution efforts, especially those which
should be directed at high officials allegedly complicit in
trafficking, continue to lag. GOM anti-TIP actions are being
concentrated at the CCTIP, the GOM lead agency in anti-trafficking
efforts.
¶3. (SBU) The government, at the national and local level, used the
National Referral Mechanism to coordinate prosecution, protection
and prevention. Government-appointed social workers and teachers,
working with religious leaders, NGOs and National Referral system
multi-disciplinary teams, were involved in prevention of trafficking
and giving assistance to victims. In mid-2007, the Ministry of
Social Protection, Family, and Child (MSP) began to co-chair with
the OSCE Mission the monthly Technical Coordination Meetings (TCMs).
At TCMs, NGOs, the government, international organizations, and
foreign embassies make presentations on their work and coordinate
efforts.
¶4. (SBU) However, the government has not undertaken prosecution of a
government official allegedly complicit in trafficking, and it has
not informed the international community whether investigations have
provided insufficient evidence to permit a prosecution. In
addition, the GOM has not made any direct reply to USG requests for
information about prosecutions, and did not, until February 2008,
fulfill its legal duty to appoint a chair at the Deputy Prime
Minister level for the National Committee. Statistics on the GOM
website (www.gov.md) for social protection and prosecutions for
crimes cover the period from 1998 through 2005. End summary.
¶5. (SBU) The GOM's active participation with NGOs in the fight
against TIP contrasts with the apathy shown by left-bank
Transnistrian authorities (especially at the higher levels of
administration) to the NGOs which are active in anti-trafficking
efforts.
¶6. (SBU) Figures for the number of trafficking victims can only be
estimated. Under the common assumption that 70 percent of cases go
unreported, IOM's figure of 2,286 victims assisted between 2000 and
2007 translates to 7,620 victims, or slightly more than 1 percent of
the 750,000 Moldovans working abroad, according to a 2007 Gallup
poll extrapolation. Using the figure of 400,000 abroad, derived
from a household survey conducted for IOM and the Swedish
Development Cooperation Agency (SIDA) in July and August of 2006,
1.9 percent of Moldovans working abroad were victims of trafficking.
(Note: The percentage of unreported cases may be even higher. IOM
notes that it had to seek out victims actively: only four victims
out of 295 assisted in 2006, and only three out of 273 in 2007 were
"self-identified" as victims. End note.)
Overview of Country's Activities to Eliminate TIP
--------------------------- ---------------------
¶7. (SBU) Moldova remained a major source country for trafficked
persons, particularly women and girls. It was also to a lesser
extent a transit country, and there were some reported cases of
CHISINAU 00000175 002 OF 017
internal trafficking, often of girls from rural areas, to the
capital Chisinau. Only isolated cases of trafficking to Moldova as
a destination country have been reported.
¶8. (SBU) In 2007, IOM assisted 274 victims, including 33 minors, and
dealt with 342 persons who were at immediate risk of being
trafficked. (Of the 274 victims IOM assisted, 12 were also aided by
NGO La Strada. The number of victims that both IOM and La Strada
helped remained small, but IOM predicts that numbers will probably
rise as victim-assistance organizations cooperate more.) Between
2002 and 2007, La Strada assisted 387 victims, 95 percent of whom
were women, at its drop-in center. During 2007, La Strada
identified 290 presumed trafficking cases from 679 screened hotline
calls (out of a total of 3,581 calls received during the year), and
opened 74 social-assistance cases as a result. (For comparison, La
Strada opened 100 cases in 2005, and 130 in 2006. No cause for the
lower 2007 number has been identified.) According to IOM, 58
percent of Moldovan trafficking victims in 2007 came from rural
areas of the country, 34 percent from urban areas other than the
capital, and 5 percent from the capital city of Chisinau. (Note:
IOM statistics do not always add up to 100 percent because some
categories are not reported by victims, and because post is
excluding nugatory figures for reasons of space. End note.) La
Strada reported that 35 percent of those it assisted between 2002
and 2007 came from Chisinau, 11 percent from Transnistria, and the
rest from other parts of the country. According to IOM, young women
between the ages of 18 and 24, particularly from impoverished
villages, were at greatest risk for trafficking.
¶9. (SBU) IOM reported that 13 percent of the victims assisted in
2007 were under 18; 62 percent were between 19 and 29, 18 percent
between 30 and 40, and 7 percent were over 40. Other IOM statistics
for 2007 note victims' educational levels (65 percent with a
ninth-grade education, 14 percent high school/professional, 5
percent with university education, and 6 percent with primary
education or less); marital status (68 percent single, 14 percent
married); sex of recruiter (37 percent men, 48 percent women);
relationship of recruiter to victim (friend 23 percent, acquaintance
43 percent, stranger 25 percent, relative 5 percent); type of
exploitation (sex 64 percent, labor 22 percent); and destination
(Turkey 40 percent, Russia 22 percent, UAE 11 percent, Ukraine 6
percent). In January 2008, La Strada reported that Russia, Turkey,
and the UAE were the top destination countries of victims it
assisted in 2006 and 2007. According to La Strada's 2007 hotline
statistics, Russia, Turkey, and Ukraine were the countries most
often mentioned by potential victims seeking counseling.
¶10. (SBU) According to La Strada and Winrock, 70 to 90 percent of
victims had already suffered some form of physical or sexual abuse
at home, and were willing to face significant risk to escape
unbearable circumstances in their families. According to La Strada,
66 percent of those it served were recruited by someone known to the
victim (friends or relatives), and 76 percent were sexually
exploited. According to IOM, most Moldovan victims were trafficked
as a result of false promises of work abroad. La Strada noted that
83 percent of victims were lured into trafficking by false job
promises.
¶11. (SBU) A significant amount of trafficking, both from and
through, occurred in the breakaway region of Transnistria, a small
area in the east of Moldova that has declared itself an independent
republic and established its own "border control." La Strada's
figure of 11 percent of victims it assisted from the region
corresponded to the region's 12.8 percent of the country's
population. The Moldovan central government has no control over
activity, criminal or otherwise, in Transnistria, where the only
major effort to fight trafficking in persons was under the aegis of
NGOs.
¶12. (SBU) In 2007, in addition to the Transnistrian NGO Interaction,
which has worked in this field for nearly three years,
counter-trafficking prevention activities were also implemented by
the NGOs Resonance and Step Forward. Interaction managed a hotline,
set up in March 2006 and sponsored by the IOM, to identify existing
and potential trafficking in persons cases. The hotline received
1,269 calls in 2007: 872 asked about the legitimacy of overseas job
offers, and 265 were SOS calls. As a result of the SOS calls,
Interaction opened 31 social-assistance files. During 2007,
CHISINAU 00000175 003 OF 017
Interaction conducted 267 seminars in urban schools and 33 in rural
schools, reaching an audience of 5,784.
¶13. (SBU) While local authorities in Transnistria do not actively
hinder NGO efforts, they provide no support, because they are often
unwilling to acknowledge that trafficking is a problem in the
region. A few officials say that attempts to deal with the problem
only tempt those who were previously unaware of the situation to
consider being trafficked as a good source of income. According to
the OSCE Mission to Moldova, other Transnistrian officials are in
favor of a law or other institutional protection against
trafficking. As a result of data provided to Transnistrian
officials from hotline reports, IOM has noted that more local
Transnistrian officials are acknowledging that trafficking exists in
the region, although at a lower rate than in the rest of Moldova.
Such inconsistencies arise because official responses to trafficking
in the Transnistrian region are difficult to monitor, and because
the "government" in Transnistria apparently has not coordinated its
opinions and efforts.
¶14. (SBU) Looking at future trends, IOM predicts that the summer
2007 drought, and the generally difficult economic situation in the
region, will result in a new wave of migration in 2008, most likely
leading to an increase in human trafficking.
¶15. (SBU) There were no reliable numbers regarding the number of
persons trafficked from Moldova. Data from the 2004 census (which
did not cover the separatist-controlled Transnistria region)
indicated that approximately 367,000 Moldovans of a population of
3,388,000 were then outside of the country. (Note: In comparison
to more up-to-date figures, this appears to have been a serious
undercounting. A household survey conducted for IOM and the Swedish
Development Cooperation Agency (SIDA) in July and August of 2006
estimated that Moldovan migrants at the end of 2005 numbered
400,000. The highest figure, 750,000, came from an extrapolation
made from a 2007 Gallup poll. Some of these people are victims of
trafficking, while most are voluntary economic migrants. (See note
on trafficking estimates and percentages in para. 6.)
Unfortunately, a system for identification and referral of victims
is not yet well developed, and the true extent of the trafficking
phenomenon is therefore not known.
¶16. (SBU) Information on trafficking from the IOM was perhaps the
most reliable as to the numbers and demographics of victims. In May
2007, the International Center for Migration Policy Development
(ICMPD) conducted a survey on anti-trafficking efforts in Moldova,
following which the Ministry for Social Protection, Family, and
Child (MSP) assumed responsibility for the national victim-centered
database. In December 2007, the ICMPD delivered a computer and
software for use by the National Coordinating Unit in the MSP, which
will coordinate all data collection for the National Referral
System.
¶17. (SBU) The CCTIP and Prosecutor General Office (PGO) kept records
of the trafficking cases with which they worked. The OSCE kept
comprehensive information on organizations providing assistance.
The Center for Prevention of Trafficking in Women (CPTW) also
provided information on repatriated victims and legal services that
have been provided to them, but this information was sporadic.
OSCE, the American Bar Association's Central European and Eurasian
Law Initiative (ABA-CEELI), and the Embassy's Resident Legal Advisor
(RLA) remained the best sources for information on legislative
reform in the trafficking area.
General Overview of the Situation in the Country
--------------------------- --------------------
¶18. (SBU) Moldovan victims are trafficked to Russia and countries of
the Middle East. Turkey remained the leading destination country in
2007, partly because of the large number of non-stop flights between
Chisinau and Istanbul. IOM reported that Moldova continued to serve
as a hub for trafficking because of corruption, the unstable border
situation, and the ease with which real or fake documents can be
produced. Several organizations also reported increasing sex
tourism to Moldova. Because of ease of travel, and the efforts of
particular travel organizations, clients usually came from Turkey.
Turkish investment was also prominent in Moldova's hospitality
industry.
CHISINAU 00000175 004 OF 017
¶19. (SBU) The International Labor Organization's International
Program for the Elimination of Child Labor (ILO-IPEC) reported that
in many cases of child trafficking the traffickers were Roma. Some
of the women recruiters had been trafficking victims themselves.
According to news reports, some women victims were allowed to return
home, but only if they recruited and brought back a "replacement" to
the destination country. In some cases, minors have been sold by
their families.
¶20. (SBU) According to IOM and the Ministry of Internal Affairs,
trafficking victims were increasingly being transported by plane to
the destination countries, using genuine documents. Some traveled
willingly, believing that they were going to legitimate jobs.
Experts associated with the EU Border Assistance Mission (EUBAM)
reported that small groups of victims were placed on buses and
planes along with tourists and migrant workers. One of the
passengers, unknown to the victims, checked them constantly.
¶21. (SBU) The government continued to state that the fight against
trafficking in persons was a national priority, but it spent very
little of its own money on combating trafficking, asserting budget
constraints; however, projects favored by the government, such as
the Center for Combating Economic Crime and Corruption, are
well-housed and funded. High-level GOM officials rarely addressed
the issue of trafficking publicly, a fact which IOM attributed in
part to a reluctance to call attention to the stigma of being a
major source country of trafficking victims. The National Committee
to Combat Trafficking in Persons, which consists of deputy ministers
from all relevant ministries and departments, held three meetings in
2007 and had no visible effect on GOM anti-TIP efforts.
¶22. (SBU) In 2005, the Moldovan parliament passed a new law to
address comprehensively all aspects of the crime of trafficking. In
2007, the government made a series of efforts to implement the law.
The IOM reported that the Ministry of Social Protection, Family and
Child (MSP) had provided staff and facilities to assist victims of
trafficking. At the end of 2007 the MSP committed 512,000 Moldovan
lei (approximately USD 44,300) from its budget to fund the
activities of the Chisinau Rehabilitation Center in 2008; the center
helps victims of trafficking.
¶23. (SBU) At the end of 2006, the Ministry of Foreign Affairs and
European Integration (MFA) opened information centers on trafficking
in persons in Moldovan embassies abroad and appointed
counter-trafficking focal points at Moldovan diplomatic missions in
major destination countries.
Agents behind Trafficking
------------------------------
¶24. (SBU) Information provided by the Ministry of Internal Affairs
Anti-Trafficking Unit and the Anti-Trafficking Section of the
Prosecutor General Office indicated that the vast majority of
trafficking cases investigated were initiated by low-level freelance
criminals, usually "mom-and-pop" organizations involving a woman
recruiter and her husband or pimp. However, in 2007 the CCTIP
reported the arrest of two leaders of two different, larger,
criminal groups, charging each with trafficking 16 persons,
including minors, for the purpose of sexual exploitation. Those
arrested faced 16-25 years in jail under Article 284 of the Criminal
Code, which deals with setting up or leading a criminal
organization. In addition, international experts working for EUBAM
noted that individuals who are trafficked by freelance criminals
quickly came under the control of larger criminal gangs, inside
Moldova and in destination countries. Only these gangs have the
money and influence needed to provide contacts, documents, places to
live and work, and protection from police and immigration
authorities.
¶25. (SBU) Travel and tourism companies were sometimes involved in
trafficking; the Moldovan government shut down some companies for
such illegal activities. However, it was widely suspected that the
Ministry of Internal Affairs' Anti-Trafficking Unit was
self-limiting in the cases it investigated because of pressure,
tacit or overt, from corrupt or complicit officials at higher levels
in the ministry and government. On October 18, 2006, the Ministry
of Interior dismissed several senior officials for trafficking,
CHISINAU 00000175 005 OF 017
including a former CCTIP deputy director, Ion Bejan, who was under
investigation on charges of protecting a major trafficker, Alexandr
Covali. The GOM has not reported any progress in the Bejan case.
¶26. (SBU) We received no reports of trafficking profits being
channeled to armed groups, terrorists or banks. We note that judges
are among the most vulnerable to corruption and some may accept
bribes, possibly from proceeds of trafficking, to acquit criminals.
Limitations on the GOM's Ability to Address the Problem
-------------------------- ----------------------------
¶27. (SBU) Corruption continued to pervade all sectors of Moldovan
government and society. Although we have no hard numbers on the
extent to which government officials are complicit in trafficking
crimes, there were reports from victims that some border guards and
police officers have been complicit in the crime or have taken
bribes to turn a blind eye to such activities. Most of these
reports were limited to low-level officials. During 2007, the CCTIP
reported eight bribery attempts by suspects seeking to have cases
closed or dismissed.
¶28. (SBU) Moldova remained the poorest country in Europe, and
financial constraints affected the entire government bureaucracy.
Little government money was spent to aid victims. Substantial
technical assistance from the United States and other NGO and IO
donors has had a positive impact. When the CCTIP encounters
trafficking victims, its officers direct them to NGOs who can
provide legal counsel, vocational training, and reintegration
services.
¶29. (SBU) The government had no other programs specifically to
assist victims. Several NGOs offered repatriation assistance,
temporary housing, and medical care for victims, as well as job
training. The NGO Save the Children worked with trafficking
victims, particularly repatriated girls. The NGO La Strada Moldova
provided informational and educational services as well as a
national toll-free hotline. Catholic Relief Services offered
employment training and job placement for women at risk. Winrock
International has established four regional support centers to
provide former victims and young women at risk with assistance,
including training in trafficking awareness, leadership, employment,
vocational skills, and entrepreneurship, as well as confidential
individual psychological, legal, and job-placement consultations.
¶30. (SBU) According to UNICEF, only 68 social workers were hired
between 2003 and 2006. In 2007, however, 542 social workers were
hired from the state budget to work in 467 communities throughout
Moldova, including villages, where the most disadvantaged children
live-71 percent of poor children live in villages, as well as 70
percent of children left behind by migrant parents. All of the
social workers have received specialized training in identifying and
working with vulnerable children, and receive regular updates from
professionals, academics, and government offices.
Extent of Systematic Government Monitoring
------------------------------------------
¶31. (SBU) The National Committee has the lead role in reviewing the
government's anti-trafficking efforts, and it continued to hold
meetings, which were open to NGOs and the international community.
Representatives from various ministries, raions and civil society
make presentations on their efforts at these meetings. In 2007,
three National Committee meetings were conducted in urban hubs to
accommodate as many regions as possible; information on GOM
anti-trafficking efforts is posted on the Ministry of Interior
website, and disseminated in the print media, and on national and
regional television and radio. From June 2007 to January 16, 2008,
when Victor Stepaniuc was appointed Deputy Prime Minister with
responsibility for social affairs, the Committee lacked a chair of
Deputy Prime Minister rank, as required by law. It also lacks a
permanent secretariat to carry out administrative functions.
However, in December, the GOM made a commitment to provide premises
for, and NGOs and international organizations pledged funds to run,
the secretariat. The CCTIP released figures regarding
counter-trafficking investigations, convictions and sentences.
CHISINAU 00000175 006 OF 017
Government Support of Other Programs
------------------------------------
¶32. (SBU) The National Employment Agency of the Ministry of Economy
and Trade continued to provide vocational training free of charge to
at-risk persons and returned trafficking victims referred by IOM.
It distributed information to potential victims about the job market
and taught them how to prepare a resume, how to apply for a job, and
how to handle a job interview, in addition to informing them about
their rights and about job placement opportunities.
¶33. (SBU) In June 2005, parliament passed an amendment to the Law on
Employment and Social Protection, which now allows all categories of
vulnerable youth from 16 to 18 years of age (graduates of
residential institutions, orphans, children without parental care,
children from one-parent families, victims of trafficking, disabled
persons, persons released from penitentiaries and beneficiaries of
rehabilitation institutions) to receive government benefits. Before
this amendment, children between the ages of 16 and 18 were no
longer covered by the educational and housing services of the
Ministry of Education, but were not yet entitled to receive the
benefits provided by the Ministry of Economy and Trade, such as
unemployment or vocational training.
¶34. (U) In November 2006, IOM and four Christian denominations in
Moldova launched a joint project to mobilize church networks to help
prevent trafficking. During 2007, an Interdenominational Coalition
to Prevent Trafficking was created which, in partnership with IOM,
conducted training sessions for more than 700 priests, pastors, and
other religious workers across the country. The seminars were aimed
at involving religious workers in passing on prevention information
to parishioners, identifying victims and potential victims of
trafficking, and referring them for assistance.
¶35. (U) In December 2007, under the aegis of the Interdenominational
Coalition, Orthodox (Moldovan and Bessarabian), Baptist and Lutheran
churches in the country conducted prayer services for trafficking
victims. Information on anti-trafficking programs was announced at
services of all these churches on December 2. In addition, a grants
mechanism empowered 18 churches to implement community based
anti-trafficking projects.
Government Agencies Involved
----------------------------------
¶36. (SBU) The following government agencies were involved in
anti-trafficking efforts: The National Committee to Combat
Trafficking in Persons (to be headed by a deputy prime minister,
according to law); the inter-agency task force CCTIP; the Ministry
of Justice; the Ministry of Internal Affairs (MOI); the Ministry of
Foreign Affairs and European Integration; the Ministry of Education,
Youth and Sports; the Migration Bureau of the MOI; the Ministry of
Health; the Ministry of Social Protection, Family and Child; the
Ministry of Economy and Trade; the Customs Service; the National
Tourism Agency; the Information and Security Service; the Statistics
and Sociology Department; the Information Development Ministry
(passport authority); the Border Guards Service; the Center for
Combating Economic Crime and Corruption; the Licensing Chamber; and
the Prosecutor General Office. The CCTIP has the lead in
coordinating and leading GOM efforts against TIP.
¶37. (SBU) The Ministry of Interior and the National Committee to
Combat Trafficking in Persons are responsible for developing
anti-trafficking programs within the government. The National
Action Plan on Combating Trafficking in Persons expired at the end
of 2006, and the Government has not yet written a new one to cover
2007 or later years.
Investigation and Prosecution
-----------------------------
¶38. (SBU) Trafficking in persons was criminalized under Moldovan law
in August 2001. In 2005, amendments to the Criminal Code made the
victim's consent to being trafficked irrelevant. In addition, the
anti-trafficking legislation was complemented by passage of a
comprehensive law on the prevention and combating of trafficking in
persons that came into effect in December 2005. The government
worked closely with the international community on the law, which
CHISINAU 00000175 007 OF 017
was studied and approved by the OSCE and the Council of Europe. The
law includes a definition of trafficking that is fully consistent
with the Palermo Protocol. The law exempts victims from criminal
prosecution for illegal acts committed during the trafficking
experience, without preconditioning this exemption on the victim's
willingness to cooperate with law enforcement authorities, as the
previous legislation stipulated. The law also institutes a
"reflection period" of 30 days, during which time a victim can
decide whether he/she will cooperate with law enforcement in any
criminal proceedings against his/her traffickers. Furthermore, the
law establishes obligations for the central and local public
authorities to carry out with regard to combating trafficking and
assistance of victims of trafficking. For example, the Ministry of
Foreign Affairs and European Integration has been appointed as the
main governmental agency responsible for coordinating the
repatriation of victims.
¶39. (SBU) The articles in the current criminal code on trafficking
in persons and trafficking in children include the following
provisions. (Note: On March 1, 2007, Parliament passed in the
first reading a related law on Preventing and Combating Domestic
Violence. The law was sent to the President, who has not accepted
or returned the bill to Parliament at the time this report was
written. End note.)
Begin text:
Article 165. Trafficking in human beings, which comprises
(1) Recruitment, transportation, transfer, harboring or acceptance
of a person for purposes of commercial or non-commercial sexual
exploitation, forced work or services, slavery or any forms of
servitude, use of persons in armed conflicts, transplantation of
organs, or tests on human beings, as well as for use of persons in
criminal activities, committed through:
a) Threatening or use of physical violence not dangerous for
life and health of the person, including that through kidnapping,
seizure of documents, and servitude, in order to return debts, the
limits and size of which are not set in a reasonable mode;
b) Deception;
c) Abuse of power, payment or receipt of charges or benefits,
in order to get consent of a person who controls
other persons, or abuse of vulnerability,
is punished with imprisonment from seven to fifteen years.
(2) Actions listed in paragraph (1) of this article that were:
a) Committed repeatedly;
b) Against two or more persons;
c) Against pregnant women; committed
d) By two or more persons
f) By a public servant or a senior public servant;
g) By use of torture, inhuman treatment, or degrading treatment
in order to place persons under control either through violence,
rape, physical dependence, use of weapons, threat of disclosure of
confidential information of the person's family, or other persons,
SIPDIS
as well as through other means,
are punished with imprisonment from ten to twenty years.
Legal entities can be fined 100,000 to 140,000 lei (approximately
USD 8,900 to 12,500).
(3) Actions named in paragraphs 1 and 2 of this article:
a) Committed by an organized criminal group or criminal
organization;
b) Resulting in death or serious bodily or mental injuries to a
person,
are punished with imprisonment from fifteen to twenty-five years or
with life imprisonment.
Article 206. Trafficking in children
(1) Recruitment, transportation, transfer, harboring or
acceptance of a child or renting, receiving payments or
benefits for obtaining consent of a person who controls the
CHISINAU 00000175 008 OF 017
child for purposes of:
a) Commercial or non-commercial sexual exploitation,
b) Forced labor or services;
c) Slavery or any forms of servitude, including illegal
adoption;
d) Use of a child in armed conflicts;
e) Use of a child in criminal activities;
f) Transplantation of organs, or tissues for transplant;
g) Abandoning him/her abroad,
is punished with imprisonment from ten to fifteen years.
(2) Actions listed in paragraph (1) of this article, accompanied
by:
a) Use of physical or psychological violence against a
child;
b) Sexual abuse of the child, commercial or non-
commercial sexual exploitation;
c) Use of torture, inhuman treatment, or degrading
treatment in order to ensure subordination of the child
either through violence, rape, physical dependence, use of
weapons, threat of disclosure of confidential information
of the child's family, or other persons;
d) Enslavement, or conditions similar to slavery;
e) Use of the child in armed conflicts;
f) Transplantation of organs or tissues for transplant,
are punished by imprisonment from fifteen to twenty years.
(3) Actions listed in paragraphs 1 and 2 of this article:
a) Committed repeatedly;
b) Committed against two or more children;
c) Committed by an organized criminal group or criminal
organization;
d) Resulting in death or serious bodily or mental injuries of a
child,
are punished with imprisonment from twenty to twenty five years or
life imprisonment.
End text.
¶40. (U) In December 2005, the Criminal Code was amended to allow the
prosecution of those who organize illegal migration. In addition,
Moldova has criminal code articles on forced labor, slavery and
slavery-like conditions, illegal transport of children out of the
country (art. 206 CC), and forced removal of organs or tissues to be
used in transplant operations (art. 158 CC). (Note: The Kidney
Foundation of Moldova reported that, according to its knowledge, 32
people were trafficked from Moldova for organ retrieval. End note.)
In 2007, authorities used these anti-trafficking articles and
preexisting anti-trafficking laws in criminal cases. They also
targeted suspected traffickers with criminal charges of pimping and
document forging. All of these laws cover both internal and
external trafficking. The penalty for trafficking varies from seven
years to life in prison.
Active Investigation by Government
----------------------------------
¶41. (SBU) The Government's investigation of trafficking is largely
limited to low- and mid-level crimes. In 2007, the CCTIP sent a
female undercover agent to be "trafficked" from Moldova to Cyprus.
After she reported on the identities of traffickers and victims she
encountered on her journey, law enforcement officers from CCTIP and
Cyprus arrested traffickers and freed five victims in a joint
operation.
¶42. (SBU) Although the law on operative investigators was amended in
February of 2004 to expand investigators' ability to work undercover
and to use advanced techniques such as electronic surveillance,
investigators have not yet taken full advantage of this authority
and did not use the techniques to follow investigations up the chain
to apprehend high-level or governmental targets. Mitigated
punishment for cooperating suspects is available to prosecutors
CHISINAU 00000175 009 OF 017
under current Moldovan law, but the procedure is used largely to
dispose of uncontested cases rather than as an investigative tool.
¶43. (SBU) Following the provisions of the Letter of Agreement on
Narcotics Control and Law Enforcement signed in 2001 between the
U.S. Government and the Government of Moldova, the U.S. Government
funded the renovation of the Center for Combating Trafficking in
Persons, installing specially designed office furniture and modern
computer hardware and software. The U.S. Embassy developed a
comprehensive training plan for CCTIP staff, which includes
interview and interrogation techniques, task/strike force
management, ethics and public corruption, information technology
training, officer safety and survival, and crime-scene management.
Punishment for Labor Trafficking Offenses
-----------------------------------------
¶44. (U) The Criminal Code criminalizes forced or bonded labor and
involuntary servitude, the penalties ranging from fines to up to ten
years of imprisonment (art. 167 on slavery, and art. 168 on forced
labor).
¶45. (U) The anti-trafficking statute (art. 165), under the
definition of trafficking in persons, also regulates "the
recruitment, transportation, transfer, harboring or receipt of a
person for the purpose of labor exploitation or services, in slavery
or similar conditions." Moreover, the Moldovan Criminal Code
criminalizes forced or bonded labor and slavery and conditions
similar to slavery as separate crimes. Therefore, when a person is
charged with trafficking in persons for forced labor purposes, the
defendant also faces additional charges of forced labor or slavery
and conditions similar to slavery. Upon sentencing, the courts may
combine the penalty prescribed for trafficking in persons (minimum:
7 years of imprisonment; maximum: detention for life) with the one
prescribed for forced labor (minimum: fines or 3 years of
imprisonment; maximum: 10 years of imprisonment). As a consequence,
the imposed penalties for trafficking in persons for forced labor
exploitation may vary from 7 to 12 years or from 15 to 22 years of
imprisonment.
Penalties for Rape or Forcible Sexual Assault
--------------------------------------------- ---------
¶46. (U) The penalty for rape or forcible sexual assault is three
years to life in prison. According to the law, the lowest penalty
for trafficking (seven years in prison) is higher than for the
lowest penalty for rape. The highest penalty (life in prison) is
the same for both crimes.
Is Prostitution Legalized or Decriminalized?
--------------------------------------------
¶47. (SBU) Prostitution is not criminalized, but it is an
administrative offense punished by 30 days' detention if practiced
repeatedly. Clients are not punished. Pimping is criminalized and
the law is enforced with penalties ranging from two to seven years
of incarceration. Traditionally, many cases that began as
trafficking cases were eventually downgraded to pimping; lack of
solid evidence and refusal of the victim to testify were often cited
by prosecutors and investigators.
Government Prosecution of Cases against Traffickers
--------------------------- -----------------------
¶48. (SBU) In 2007, the CCTIP, together with the Prosecutor General
Office, released statistics regarding investigations, arrests and
convictions for TIP. The PGO reported the number of cases opened
(507) in 2007. CCTIP reported the number of cases sent to the
prosecutor (496). The PGO reported that 226 were sent to the
courts, while CCTIP reported a more up-to-date 250. The PGO added
two categories not present in the CCTIP report: organizing begging
and taking children out of the country illegally. Only the PGO
reports convictions (233), and convictions that carry penalties
(220, including 50 undefined prison terms, 153 undefined fines, and
17 undefined suspensions of punishment). Within the TIP category,
PGO reporting does not categorize the types and extent of crimes
committed. PGO reporting also does not identify the number of
CHISINAU 00000175 010 OF 017
trafficking cases downgraded to pimping or show correspondence
between the numbers of persons receiving punishment and the crimes
for which they were being punished.
¶49. (SBU) The CCTIP and Ministry of Interior units eradicated 40
trafficking networks of trafficking and illegal migration in 2007,
including 22 networks of sexual exploitation, two networks of labor
exploitation, thirteen networks of organized illegal migration to
the Schengen states, and one network forcing people to engage in
begging.
¶50. (SBU) CCTIP conducted 235 raids in 2007 to inspect 301 travel
and employment agencies. The CCTIP withdrew the licenses of 16
companies for suspected trafficking and illegal migration.
¶51. (SBU) On June 20, 2006, police arrested Alexander Covali, the
alleged leader of the largest trafficking ring in Moldova, and
charged him with trafficking after finding confined women on his
properties. He was released on bail and arrested again on August 4,
2006, when an investigation revealed that he had received police
protection. He remained in jail at year's end awaiting a court
hearing.
¶52. (SBU) On December 27, 2006, Moldovan citizen Ion Gusin was
convicted of trafficking in persons and sentenced to 22 years in
jail for his role as pimp and translator for a foreign sex tourist.
¶53. (SBU) A joint project of the Supreme Court of Justice and the
RLA to review closed trafficking files for 2004-2005 disclosed that
in many cases judges suspended sentences because of "extraordinary"
circumstances (suspension of sentence is not otherwise permissible
in trafficking cases), such as the defendant being pregnant or
having children under eight. As many traffickers are women, this
accounts for a significant number of the cases in which traffickers
were not serving sentences.
¶54. (SBU) Prosecutors reported that the high number of light and
suspended sentences is partly the result of the poor quality of
investigations and partly of corruption in the judiciary, which
often downgrades trafficking charges to pimping and hands down what
many consider to be light sentences. However, for the period
covered by the study, 2004-2005, prosecutors themselves, in 44
percent of the cases filed under trafficking statutes, requested
downgrading charges originally filed under the trafficking statutes
to less severe crimes; 35 percent were reduced to pimping charges
and 9 percent to other charges such as forced labor, illegal
business activities, or organizing begging, all charges which carry
milder penalties than charges for trafficking. Prosecutors and
investigators alike complained that reducing trafficking charges to
pimping charges is often required by the refusal of victims to
cooperate with law enforcement.
Specialized Training
--------------------
¶55. (SBU) The Police Academy has included a regular segment on
trafficking in its curriculum developed in conjunction with the NGO
La Strada. Members of the Supreme Court of Justice and the PGO
participated in training sessions organized by OSCE that also
included speakers from NGOs and the Embassy's Regional Legal
Advisor's office. In January and February 2007, Moldovan
investigators and prosecutors attended five training sessions on
combating trafficking in persons that were provided at the Police
Academy. Employees of the CCTIP received professional training at
the Police Academy. The Ministry of Internal Affairs organized
thirty seminars and professional training sessions on trafficking
for its employees throughout the raions. In 2007, CCTIP officers
participated in nine international conferences, eight seminars
provided by international organizations, and six working-group
meetings which were dedicated to preventing and combating
trafficking in persons and illegal migration.
Inter-Governmental Cooperation
------------------------------
¶56. (SBU) The government attempted to cooperate with other
governments on investigation and prosecution of TIP cases. The
CHISINAU 00000175 011 OF 017
results depended in part on the other country's response. Moldova
is a member of the Southeast European Cooperative Initiative (SECI)
and the Southeast Europe Prosecutors Advisory Group (SEEPAG), the
prosecutors' corollary organization to SECI. During 2007, the
government also had a Moldovan officer assigned to the SECI Center
in Bucharest who passed information through the SECI Center and
Interpol. During the year, the government improved cooperation with
other member countries of SECI and Interpol and with other
trafficking destination countries such as Italy and Turkey,
resulting in a number of convictions in Moldova. The government
sent quarterly reports to the U.S. Embassy on cases under
investigation. In an undercover operation involving CCTIP personnel
and law enforcement officers from Cyprus and Moldova, five Moldovan
trafficking victims were identified and freed. The victims had been
deceived by a Moldovan travel agency, stripped of their
identification and exploited sexually.
¶57. (U) On February 8, 2006, the government ratified an agreement
with Turkey to combat trafficking as part of a broader effort to
fight illegal drug trafficking, international terrorism, and other
organized crime.
On June 20, 2007, the government signed a bilateral agreement with
Slovakia on combating organized crime. In 2007, the government
began negotiations on bilateral agreements on combating TIP with the
UAE. At an April 26-27, 2007, meeting, senior law enforcement
officials from Moldova, Romania, and Ukraine negotiated a trilateral
agreement to establish an anti-TIP headquarters in Romania.
¶58. (SBU) Between 2005 and 2007, CCTIP, all Moldovan agencies
collaborating in the CCTIP task force, the Embassy and the
Immigration and Customs Enforcement Agency, cooperated in a joint
international criminal investigation of American citizen Anthony
Mark Bianchi. Bianchi was charged under a 2003 federal law that
makes it illegal for Americans to commit sexual crimes against
children in foreign countries. The two-year investigation resulted
in Bianchi's August 2007 conviction at the Federal Court in
Philadelphia on all ten counts against him: traveling in foreign
commerce for the purpose of engaging in illicit sexual conduct (four
counts), engaging in illicit sexual conduct in a foreign place
(three counts), using a facility in foreign commerce to entice a
minor to engage in sexual activity (two counts), and conspiracy (one
count).
Ratification of International Instruments
-----------------------------------------
¶59. (U) Parliament ratified ILO Convention 182 concerning the
Prohibition and Immediate Action for the Elimination of the Worst
Forms of Child Labor in February 2002.
--Parliament ratified ILO Convention 29 in October 1999;
it entered into force in March 2001.
--ILO Convention 105 was ratified in March 1993.
--The Optional Protocol to the Convention on the Rights of
the Child was signed in February 2002, but has not yet been
ratified.
--Parliament ratified the Protocol to Prevent, Suppress
and Punish Trafficking in Persons, especially Women and Children,
supplementing the UN Convention Against Transnational Organized
Crime, on February 17, 2005.
Extradition
-----------
¶60. (SBU) Persons who are charged with trafficking in other
countries can be extradited only on the basis of an international
treaty to which the Republic of Moldova is a party or on terms of
reciprocity according to a judicial decision. Although such
treaties do exist between Moldova and many countries, there have
been no extraditions for trafficking cases. Citizens of the
Republic of Moldova and persons who have been granted political
asylum by the Republic of Moldova cannot be extradited from the
country if they have committed the crime abroad but are subject to
criminal liability in Moldova under the present code. We know of no
current efforts to modify Moldovan law to permit extradition of its
CHISINAU 00000175 012 OF 017
own nationals.
Government Involvement in or Tolerance of Trafficking
------------------------ ----------------------------
¶61. (SBU) As noted above, many observers suspect that the Ministry
of Internal Affairs' Anti-Trafficking Unit was self-limiting in the
cases it investigated because of pressure, tacit or overt, from
corrupt or complicit officials at higher levels in the ministry and
government. However, we have no direct proof of ongoing high-level
government involvement in trafficking.
Prosecution of Government Officials
-----------------------------------
¶62. (SBU) As noted above, on October 18, 2006, the Ministry of
Interior dismissed several senior officials for trafficking,
including a former CCTIP deputy director, Ion Bejan, who was under
investigation on charges of protecting a major trafficker, Alexandr
Covali. According to the ministry, other government investigators
and prosecutors were also involved in the protection scheme and are
under investigation. The GOM has not shared information with the
international community about the Bejan case. The U.S. Embassy
requested info regarding the case status from Moldovan officials but
it not received an official reply to date.
Child Sex Tourism
-----------------
¶63. (SBU) Of the 61 investigations launched by CCTIP under the
trafficking in children statute, one high-profile case involved U.S.
citizen Mark Anthony Bianchi and Moldovan citizen Ion Gusin. (See
para. 58 above.) On the basis of this case, the CCTIP launched 17
criminal investigations under the child trafficking, violent acts of
sexual nature, forced sexual relations, and perverse acts articles
of the Criminal Code. The CCTIP worked jointly with U.S. officials
in the investigation and prosecution of Bianchi, who was charged
under a 2003 U.S. federal law that makes it illegal for Americans to
commit sexual crimes against children in foreign countries. Eight
of the victims from Moldova and four CCTIP officers traveled to
Philadelphia in July 2007 to testify in a U.S. federal court, before
an American jury, against Mr. Bianchi.
Protection of and Assistance to Victims
--------------------------------------------- --
¶64. (SBU) Moldova currently does not have active arrangements with
other countries on the provision of temporary residence status for
foreign-national victims of trafficking. In December 2006, the
Rehabilitation Center of the IOM was transferred to government
ownership and responsibility; the IOM will cover operating costs for
the next seven years. Legal, medical, and psychological services
are provided mainly by international organizations and NGOs. The
IOM Rehabilitation Center is the only comprehensive victim
assistance facility in the country. Various ministries have
cooperated with NGOs and international organizations to support
their assistance efforts. For example, the Ministry of Internal
Affairs signed a Memorandum of Collaboration with the IOM to ensure
that victims of trafficking repatriated through the IOM are not
apprehended by border guards to be transferred to the Ministry of
Internal Affairs for interrogation, but allowed to go straight to
the IOM Rehabilitation Center.
¶65. (SBU) During the second half of 2006, in response to the lack of
services available to victims of trafficking outside the capital,
the MSP (formerly part of the Ministry of Health and Social
Protection, which split in two at the beginning of 2007) began to
develop the National Referral System for Protection and Assistance
of Victims and Potential Victims of Trafficking (NRS), which works
through multi-disciplinary teams. These teams bring together local
authorities and civil society actors overseen by Focal Points
working under the umbrella of the National Coordination Unit within
the Equal Opportunity and Prevention of Violence Department of the
MSP. The NRS is a direct consequence of the Moldovan Government's
efforts in institutional and law reform and builds on the
cooperation already established between the government and IOM in
facilitating the repatriation, rehabilitation, and reintegration of
trafficking victims into Moldovan society. In 2006 the NRS was
CHISINAU 00000175 013 OF 017
piloted in five raions and extended to seven more during the second
half of 2007.
¶66. (SBU) The raion-level coordination mechanisms
(multi-disciplinary teams) have been strengthened through continuous
support from the NRS and IOM social workers. The multidisciplinary
teams in the pilot raions and in new NRS raions have been supplied
with separate phone lines, internet access, computers, and
stationery. Some were also provided with furniture, and some
coordinators of multidisciplinary teams are attending computer
courses.
¶67. (SBU) Between June 2006 and December 2007, 162 persons were
assisted within the NRS. Of these, 115 (66 victims of trafficking
and 49 persons at risk) were referred through the NRS from the five
pilot raions whose officials were trained in 2006. From the seven
raions where training took place in 2007, 31 persons (nine victims
and 22 persons at risk) were referred. Another 16 persons were
assisted through the NRS in raions in which formal instruction in
providing direct assistance had not yet been provided.
Government Funding for NGOs
---------------------------
¶68. (SBU) The government provides no funding to NGOs for victim
assistance, although it has cooperated with NGOs and international
assistance programs. In December 2006, the government gave a
rent-free building to IOM for use as a rehabilitation center.
¶69. (SBU) In the framework of the "Better Opportunities for Youth
and Women" project, implemented by UNDP and financed by USAID,
cooperation agreements were made with the local public
administrations of Ungheni, Carpineni, Edinet, Drochia, Cahul and
Soroca, under which buildings were donated free of charge to the
implementing NGOs for a period of 25 years for use as
social-reintegration centers.
Law Enforcement Systems for Identifying Victims
------------------------- ---------------------
¶70. (SBU) During 2007, the MSP and the IOM expanded the
implementation of the national referral system aimed at assisting
the victims of trafficking and those at risk, and to ensure
long-term rehabilitation and reintegration services. During 2007,
the initiative was implemented in seven more raions.
Respect for Rights of Victims
-----------------------------
¶71. (SBU) In 2007, the government drafted with the NGO community a
memorandum on standard operating procedures pertaining to alien
smuggling and the assistance of trafficking victims. The parties
involved are: Ministry of Interior, Prosecutor General Office,
Ministry of Social Protection, Family and Child, IOM, Center for
Combating Trafficking in Women, and La Strada. The memorandum
delineates the commitments of all state agencies and NGOs party to
this document and will be signed by March 2008 by government
ministers. Most NGOs agree that the government's treatment of
victims continued to improve over the last few years. The
counter-trafficking law exempts victims from criminal prosecution
for illegal acts committed during the trafficking experience. Under
previous legislation, exemption from prosecution was preconditioned
on the victim's willingness to cooperate with law enforcement
authorities.
Government Encouragement of Victims to Assist Investigations
---------------------------- ----------------
¶72. (SBU) The government encouraged victims to assist in the
investigation and prosecution of trafficking; however, insufficient
measures were in place to provide for the victims' safety. This
deficiency deters many from cooperating with the police. Under
Moldovan law, a victim can obtain restitution through criminal
proceedings, but only if the victim requests it.
Victim and Witness Protection
-----------------------------
¶73. (SBU) Moldova passed a witness protection law in 1998, but its
provisions have not been fully implemented. In some cases, police
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have posted guards outside witnesses' homes. Generally, the system
of protection is weak and many victims do not feel secure enough to
take action against their traffickers. Because the government has
not provided sufficient victim/witness protection, some
organizations such as IOM and CPTW have begun to take steps to
protect witnesses in guarded apartments in undisclosed locations,
where victims can stay before and during trials.
¶74. (SBU) The new Anti-TIP Law requires the government o provide
protection for victims and witnesses. The CCTIP has a special unit
for witness and vicim protection, which is being developed in
coordiation with the RLA.
Government Training for Offcials
---------------------------------
¶75. (BU) The government accepts specialized training moules
provided by local NGOs and international oranizations on
recognizing trafficking, the provison of assistance to victims, and
the special nees of trafficked children. During 2007, CCTIP
oficers attended eight training sessions offered by ustrian
Ministry of Interior, three on combatinghuman trafficking provided
by EUBAM, and three fo law enforcement organized by ILO.
¶76. (SBU) Emloyees of the Ministry of Internal Affairs assigne to
the CCTIP attended professional training proided by the Moldovan
Government at the Police Acdemy in 2007.
¶77. (SBU) The Ministry of Internal Affairs organized 30 seminars and
professional taining units for its employees all over Moldova.Together with the Prosecutor General Office, the Mnistry of
Internal Affairs also conducted five taining sessions on combating
trafficking in persons and illegal migration that took place at the
Plice Academy.
¶78. (SBU) The MFA, in partnershipwith IOM, launched a project in
January 2007 to evelop the capacity of Consular Department
personel assigned to Moldovan embassies abroad to assist potential
and actual Moldovan victims of trafficing. Through the project,
IOM assisted consularstaff in developing migrant community networks
i destination countries, through which information ould be
disseminated. Further goals of the project are: to raise awareness
and increase understanding of the risks and consequences of
irregular migration and trafficking; to enhance the effectiveness of
Moldovan consular officers to identify trafficked victims and to
provide counseling and assistance to trafficking victims in transit
and receiving countries; to standardize a repatriation mechanism for
identified trafficking victims; and to develop a database at the MFA
of repatriated victims to enhance counter-trafficking policy
analysis and development. On January 30, 2008, the Cabinet adopted
the 2008 National Action Plan on protection of Moldovan citizens
abroad. The Plan provides for the opening of additional consular
missions in Ireland, Spain and Turkey.
Government Assistance to Repatriated Nationals
------------------------- --------------------
¶79. (SBU) The government provided limited assistance, such as
medical aid, shelter, or financial help, to its repatriated
nationals who are identified as victims of trafficking. At the same
time, the MFA, specifically its Consular Department, has taken a
more active role in facilitating the return process. Moldovan
consulates abroad issued laissez-passer documents free of charge for
victims of trafficking and closely cooperated with IOM Missions and
consulates of other states in countries where there is no Moldovan
mission (e.g., UAE, Syria) to ease the return procedure for Moldovan
victims of trafficking.
¶80. (SBU) The new anti-trafficking law and the related plan of
action identify the Ministry of Health and Social Protection as the
key government agency in delivering direct assistance to victims of
trafficking. While the MSP was not prepared to integrate these
responsibilities under the law in its 2006 budget, it has requested
additional funding for assisting victims of trafficking for the 2007
budget.
IOs and NGOs Working with Victims
---------------------------------
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¶81. (SBU) CPTW provided free legal assistance to victims in both
criminal cases and civil matters, and organized workshops and
seminars on legal assistance for law enforcement from regions. La
Strada Moldova provided informational and educational services and a
national toll-free hotline. NGOs Contact Gagauzia and Compasiune
supported small business initiatives aimed at reintegration of
victims. Save the Children operated reintegration programs,
including a school teaching parental skills. IOM helped the
government in the operation of the rehabilitation center which
offers victims medical aid, psychological services and legal aid.
IOM Chisinau worked closely with the MSP and NGO Terre des Hommes to
repatriate minors from the Russian Federation and Ukraine.
¶82. (SBU) UNICEF supported a child-friendly wing at the IOM
rehabilitation center. UNICEF also supported a project implemented
by Terre des Hommes to repatriate and assist Moldovan children
trafficked to Russia. The Italian NGO Consortium of Solidarity
implemented a micro-grant project for victims of trafficking. UNDP
supported a network of self-sustaining transitional-living and
educational "social-reintegration centers" to reduce the
vulnerability of returned trafficking victims and state boarding
school and orphanage graduates to the criminal trade in human
beings. Many of these organizations worked closely with the
government; however, several noted that the level of cooperation
they receive from the GOM depends on what the GOM perceives it will
get from the collaboration. UNDP has received the support of
several local public administrations in the form of space donation
for the centers.
¶83. (SBU) IOM reported a particularly good working relationship with
the Ministry Social Protection, Family, and Child; the Ministry of
Economy and Trade, especially its National Employment Agency, which
has offered free vocational training and professional orientation
opportunities to victims; and the Ministry of Internal Affairs,
which has increasingly referred victims for assistance. IOM noted
that in the last year the Ministry of Education became more
cooperative in areas of assistance and reintegration of victims.
Catholic Relief Services offered employment training and job
placement for women at risk, and Winrock International established
five regional support centers to provide leadership training and
legal and social assistance to young women at risk.
Prevention and Government Acknowledgement of the Problem
-------------------------------------- ----------------------------
¶84. (SBU) The government acknowledged, both publicly and privately,
that trafficking was a problem. However, some high-level officials
expressed the opinion that a significant percentage of cases
considered to be "trafficking" by NGOs in Moldova were in fact cases
of migrant smuggling or situations in which women and girls
succumbed to recruiting efforts on a voluntary basis. Government
officials did not engage in public campaigns against trafficking.
Government-run anti-Trafficking Campaigns
--------------------------------------------- ----
¶85. (SBU) In an effort to increase public awareness related to
trafficking in human beings, CCTIP, with local and international
NGOs and IOs, developed and conducted seminars for high students,
teaching staff from schools and universities, priests, local
authorities and local law enforcement officials. During 2007, CCTIP
conducted 18 seminars with the Center for Combating Trafficking in
Women in different raions of Moldova, and, with IOM, organized three
seminars for religious workers to help them advocate against
trafficking and enhance prevention.
¶86. (SBU) In 2007, CCTIP organized two conferences with local NGOs
Femida and APDAF in Chisinau and Causeni, training local lawyers,
teaching staff, and social workers. CCTIP also offered two seminars
to university students on the consolidation of law enforcement
capacities in combating trafficking in persons and cooperation with
civil society. CCTIP conducted three national conferences, one of
them dedicated to the Bianchi case and efforts made to fight sexual
child exploitation. CCTIP leadership provided frequent TV
interviews to update viewers on CCTIP operations and increase
awareness regarding the consequences of human trafficking and
illegal migration.
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Relationship of Government and Civil Society
--------------------------------------------
¶87. (SBU) The relationship between the government and NGOs remained
fairly good and cooperative. However, most NGOs expressed a degree
of frustration with the government, feeling that it took advantage
of the NGO community and international donor support while not
taking enough initiative of its own to fight trafficking.
Nevertheless, there was a general consensus among NGOs that the GOM
was making progress in meeting its responsibilities and taking over
some activities from NGOs. See below, "Protection and Assistance to
Victims."
Monitoring Emigration
--------------------------
¶88. (SBU) In 2004, Pasager, an automated system to monitor borders,
was implemented with U.S. support, and is being used by the Border
Guards Service to, among other things, combat trafficking in
persons, by monitoring and recording information on individuals
crossing the border. Passport scanners are used to detect
counterfeit documents. Information introduced into the system using
one of the three entry modules for road, air, and railway traffic is
stored in a central database. At Chisinau airport, in cooperation
with the Ministry of Information Development, the Border Guards
Service implemented real-time ID control for Moldovan citizens. In
addition, the system has a mechanism for reviewing the most recent
entry records and travel history of Moldovan citizens. IOM Moldova
carried out training for customs officers, border guards, and police
in cooperation with EUBAM in 2007. The training focused on
identifying victims of trafficking, interview methods, and referral
for assistance.
¶89. (SBU) The MFA's Consular Office is in the process of developing
an electronic database to track the flow of foreign individuals
entering or leaving Moldova. At some border crossings, consular
offices have been provided with basic computer equipment but needed
a real-time connection to headquarters. The U.S. Export Control and
Related Border Security (EXBS) Program expedited this process by
donating additional computer equipment and a server to the Ministry
of Foreign Affairs and European Integration in 2006.
Inter-Agency and Multilateral Coordination
------------------------------------------
¶90. (SBU) With U.S. Government support, the Government of Moldova
opened in January 2005 the multi-agency Center for Combating
Trafficking in Persons (CCTIP), which includes the International
Anti-trafficking Analytical Bureau and the Victim/Witness Protection
Program. CCTIP is a task force, drawn from numerous GOM ministries,
of prosecutors, investigators, analysts and support personnel
created to combat trafficking in persons. The CCITP was officially
inaugurated in April 2007. The U.S. Embassy has installed specially
designed office furniture, modern IT hardware, and computer
software. CCTIP has a fully-equipped modern conference room, and is
being used as a training facility for many courses, seminars and
international round table discussions.
¶91. (SBU) The U.S. Embassy and CCTIP have developed a comprehensive
training plan for CCTIP staff and for TIP police officers from
raions. The plan includes interview and interrogation techniques,
task/strike force management, ethics and public corruption, IT
training, officer safety and survival, and crime scene management.
In an effort to support task force methodology, the Embassy sent
senior CCTIP personnel and law enforcement officers from
participating agencies to the United States for special training in
November 2007. The delegation met with officials from G/TIP of the
Department of State, the Department of Justice, FBI, DHS/ICE and
NGOs engaged in preventing human trafficking.
¶92. (SBU) The National Committee to Combat Trafficking in Persons
brings together ministries and agencies dealing with the issue. The
National Committee's four working groups--on prevention, protection,
prosecution, and child trafficking--have international and NGO
participation as well. There is also currently a multi-agency task
force under the leadership of the Prosecutor General Office to
monitor law enforcement activities and to advise on prosecuting
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complex cases.
¶93. (SBU) In 2002, the government created a stand-alone
anti-corruption agency reporting directly to the Prime Minister.
This agency, the Center for Combating Economic Crime and Corruption,
has a staff of over 600 and was designed to centralize all
investigations of corruption to prevent duplication of effort among
agencies. One staff member is assigned to liaise with CCTIP.
National Plan of Action
-----------------------
¶94. (SBU) The GOM approved a new 2005-2006 National Action Plan in
August 2005, replacing the outdated 2001 plan, which was overly
broad and vague. The new plan was developed by an
inter-departmental working group of the GOM with the close
collaboration of the anti-trafficking NGO La Strada Moldova.
However, it expired at the end of 2006, and the government, in
consultation with local and international NGOs, is still drafting a
new one.
¶95. (SBU) The government has made no efforts to reduce the demand
for commercial sex acts, beyond banning explicit ads for sexual
services in newspapers and magazines. Prostitutes solicit customers
on the streets of towns and cities, and brothels reportedly operate
in many hotels. As noted above, prostitution is an administrative
offense, and clients are not penalized.
¶96. Post's TIP point of contact is Michael Mates, +373 22 408486,
email matesmj@state.gov. Post estimates that it has devoted
approximately 70 hours of officer and FSN time to preparing this
report.
KIRBY