CADO on behalf of the Independent Working Group against Trafficking in Persons and Migrants sent a letter of concern to various European and international institutions regarding the government's action to give the National Agency Against Trafficking in Persons (ANITP) unlimited control over NGOs active in the fight against trafficking of persons, the Letter was sent to the GRETA Experts of the Council of Europe, the OSCE Special Representative and the Coordinator for Combating Trafficking in Persons, the Directorate General for Justice and Consumers, the Directorate General for Migration and Internal Affairs of the European Commission and the European Parliament.
By means of this letter, the Group Independent of the Work against Trafficking in human Beings and smuggling of Migrants are expressing public concern and disagreement with the provisions of the Draft Order of the Ministry of Internal Affairs, report on the organization and functioning of the National Agency Against Trafficking in human Beings, which is in addition to the Decision of the Government of 84/2018 for the modification and completion of the Government's Decision no. 460/2011 on the organization and functioning of the National Agency Against Trafficking in human Beings
The undersigned organizations believe that the two acts MAY be granted PUBLIC of unrestricted powers of control over non-governmental organizations, in violation of the grave with their right to associate, and the action is guaranteed by the Constitution in article 40, as well as european and international law on human rights, which was ratified by the state.
The content of the provisions clearly shows that there has not managed to explain it in a way that is clear, precise and predictable, the need, the purpose of the legitimate interest of the inclusion of non-governmental organizations in the sphere of monitoring and evaluation made by the PUBLIC, or to the manner in which you are going to realize the monitoring and evaluation of the effects on the activity of non-governmental organizations, in violation of the constitution, and the laws relating to the preparation of normative legal acts. Lack of motivation is even more serious when it refers to the limitation of a fundamental right such as the right of association. Furthermore, the Order does not provide any warranties to allow for the protection NGO from the risk of abuse of the PUBLIC-of, affecting, in addition to, and directly to the right of non-governmental organizations to information, expression and defend the rights provided for in the Constitution.
The draft Order, including the HG 84/2018 the legal basis on which the notes are in conflict with the provisions of the Directive in the Anti-Trafficking of the European Union, which guarantees a very clear, the principle of co-operation rather than the subordination of the member states, with the relevant civil society organisations active in this field. Most recently, the Committee of Ministers of the Council of Europe has recommended that member states should ensure that a legal and policy environment, and the public, favorable to the organizations of civil society, so as to carry out in the way of outdoor activities, the legal basis, in a manner consistent with applicable law and international standards, in order to fight for the protection and promotion of all human rights and fundamental freedoms,.
In the opinion of the non-governmental organizations that signed it, all of these problems are identified in the drafting of the Draft Order, together with an HG 84/2018, is a good reason for concern, because it is aimed directly at limiting and controlling the work of the institution to the public, a clear act of intimidation and censorship and the violation of democratic values, the condemned in the past by the present government.
Therefore, a Group Independent of the Work Against Trafficking in human Beings and smuggling of Migrants (THB-WG) calls on the Ministry of the Interior to amend articles 2 (1) and 3, par. 1 b the Decision of the Governmental 84/2018, which will lead to a modification of the default article 2 (1) of the draft order to ensure the conformity of normative acts of the respective provisions of the constitution and laws of the community, and the international guarantee of the right to freedom of association, and of the action of non-governmental organizations active in the area of prevention of trafficking in human beings, and the provision of services to victims and to the amendment of the national legislation in order to clarify the role of the actors involved in the monitoring and evaluation of the National Strategy against Trafficking in human Beings for the period of 2018-2022, which was approved by the Decision of the Government of 861/2018.
For more information on the terms submitted by the parties, you can also access this link https://cado.org.ro/wp-content/uploads/2021/07/Punct_de_vedere_Proiect_Ordin_MA.pdf