This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SECTION 01 OF 07 THE HAGUE 001803 
 
SIPDIS 
 
STATE FOR G/TIP, G, INL, DRL, PRM, EUR/PGI, EUR/UBI 
 
E.O. 12958: N/A 
TAGS: KCRM PHUM KWMN ELAB SMIG NL
SUBJECT: DUTCH INITIATIVES TO IMPROVE CONTROLS ON 
PROSTITUTION AND EFFORTS TO FIGHT "LOVER BOYS" 
 
REF: (A) THE HAGUE 174; (B) THE HAGUE 1446 
 
---------------------- 
Summary and Background 
---------------------- 
 
¶1.  As Justice Minister Donner and Foreign Minister Bot told 
visiting G/TIP Director Miller (reftel B) in early June, the 
Dutch consider their legalization of brothels an effort to 
fight trafficking in persons in the prostitution industry. 
According to a July 2 letter by Donner to the Second Chamber 
(Lower House), there is broad support in Dutch society for 
the 2000 legalization.  The prostitution industry has become 
more transparent and "clean" due to the licensing system. 
Nonetheless, there have been criticisms the law has not been 
as effective as hoped.  In his letter, Donner noted a number 
of points, which require further attention, particularly 
regarding improving controls on illegal forms of 
prostitution.  These initiatives are spelled out in an 
action plan on regulating and protecting the prostitution 
industry.  The initiatives include a quality mark for 
prostitution businesses and model contracts for prostitutes 
and licensees; a national registration of permits in the 
escort industry; support for prostitutes wanting to step 
out; and more local government controls on the sector. 
Although the action plan focuses on prostitution, it also 
lays out the government's efforts to ensure the delivery of 
better information to TIP victims about B-9 procedures and 
more resources in fighting the "lover boy" problem.  The 
plan also assigns responsibility for action to specific 
government agencies and ministries and sets a deadline for 
action. 
 
¶2.  Justice Ministry contacts expect the Second Chamber to 
discuss the plan in September 2004 after the summer recess. 
They hope the Chamber will be able to discuss the third 
report of the National TIP Rapporteur (expected to be 
released July 20) at the same time.  An evaluation of the 
action plan will be included in the second assessment of the 
law lifting the ban on brothels, which will be published in 
¶2005. 
 
--------------------------------------------- ------------ 
Action Plan on Regulating and Protecting the Prostitution 
Sector 
--------------------------------------------- ------------ 
 
¶3.  On July 2, the Dutch government presented its action 
plan on prostitution and trafficking in persons, which 
includes additional measures to achieve the main goals set 
in 2000 when the ban on brothels was lifted.  Those goals 
were: 
 
-- controlling and regulating the exploitation of voluntary 
prostitution (among other things by introducing a local 
licensing policy); 
-- improving the fight against exploitation of involuntary 
prostitution; 
-- protecting minors from sexual abuse (in the prostitution 
sector); 
-- protecting the position of prostitutes; 
-- freeing the prostitution sector from criminal elements; 
and 
-- reducing the extent of prostitution by illegal aliens. 
 
¶4.  The action plan entitled "Regulation and Protection of 
the Prostitution Sector" flows from a Second Chamber debate 
in November 2003 on the first evaluation of the 2000 law. 
During that debate, there appeared broad parliamentary 
support for legalized prostitution, but problems were 
identified (reftel A).  The new 65-page action plan is 
Justice Minister Donner's solution to those problems.  The 
plan gives an overview of the problems identified, proposes 
concrete measures to solve them, lists the individual 
Ministries responsible for implementing the measures and the 
respective target dates by which the measures should be in 
place. 
 
¶5.  A summary of the action plan follows: 
 
----------------------------- 
¶6.  Local Prostitution Policy 
----------------------------- 
 
Problem:  Local governments have primary responsibility for 
prostitution policy.  As noted in the 2003 Police Monitor of 
the Police Project Group in Prostitution/TIP, there are 
differences in the way municipalities implement and enforce 
prostitution policy.  These differences in some cases have 
led to shifts in illegal forms of prostitution and 
exploitation (TIP) to municipalities with fewer or less 
strict controls. 
 
Action:  The Cabinet will urge all local governments to 
develop and implement prostitution licensing and enforcement 
policies by January 1, 2005.  Local governments will be 
urged to use the models laid down in the Local Prostitution 
Policy Manual developed by the Association of Dutch 
Municipalities (VNG) just prior to the lifting of the ban on 
brothels.  Interior Ministry; January 1, 2005. 
 
Problem: Improvement of administrative enforcement in the 
prostitution sector. 
 
Action: Pilot projects have been developed with "best 
practices" for local enforcement.  These "best practices" 
will be sent to all local governments and put on a website. 
Justice Ministry; August 1, 2005. 
 
Problem: More Defined Role for Local Governments/Police: 
Local governments have primary responsibility for 
regulations concerning the exploitation of brothels 
(administrative enforcement - whether brothel owners are 
complying with the law).  The police carry out law 
enforcement responsibility, particularly in investigating 
TIP cases.  Almost all municipalities have transferred their 
administrative controls to the police.  The 2003 Police 
Monitor shows that intensified controls by the police as 
administrative and law enforcement controllers have resulted 
in decriminalization and clean-up of the sector.  These 
intensified controls have also produced more insight into 
the sector.  This has resulted into a growing number of TIP 
investigations. 
 
Action: Further consultations with police and local 
governments about carrying out administrative controls in 
the general prostitution business.  Interior Ministry; 
January 1, 2005. 
 
Problem: Administrative enforcement in "hidden" prostitution 
sectors (e.g. escort services): Within the prostitution 
sector, escort services are the most difficult to control 
and regulate, which is due mostly to the high degree of 
mobility in this sector and use of mobile phone and 
Internet.  Administrative controls on escort services are 
extremely important to be able to meet the goals of 
prostitution policy.  According to the 2003 Police Corps 
Monitor, illegal forms of prostitution (TIP, sex with 
minors) appear to be concentrated in this sector, as well as 
in other less visible or non-licensed forms of prostitution 
(prostitution in hotels or coffee houses).  According to the 
Action Plan, it is very difficult to make an assessment of 
the extent of the illegal sector, because part of it remains 
totally hidden.  It is, therefore, necessary to make this 
sector visible and controllable.  This requires close 
cooperation between all parties involved (local government, 
police, tax service, employment bureaus and labor 
inspection). 
 
Action: 
-- The Hague, Eindhoven and Amsterdam have carried out a 
pilot project in order to develop "best practices" for 
administrative enforcement in the escort sector.  These best 
practices will be distributed to municipalities and 
assistance will be given in applying the developed 
instruments.  Justice Ministry; January 1, 2005; 
-- A national registration system will be set up for 
(escort) licenses in order to improve controls on escort 
services.  Justice Ministry; May 1, 2005 
-- A code of conduct will be developed for newspapers and 
Internet providers making it possible to accept 
advertisements only when license or Chamber of Commerce 
registration numbers are mentioned.  Justice Ministry; May 
1, 2005; 
-- Local governments will be urged to develop a legal basis 
for regulating and controlling escort services, in order to 
prevent relocations and improve controls.  Interior 
Ministry; January 1, 2005; 
-- Consultations with police and local governments will be 
held about administrative controls in the prostitution 
sector not tied to a location.  Interior Ministry; January 
1, 2005. 
 
In addition, further consultations will be held about 
measures to enable local governments to ban the sex industry 
from their cities (zero policy).  Also, the abolishment of 
street-walking zones in some cities is expected to create 
problems both with respect to local safety and to meeting 
the goals of prostitution policy.  Local governments should 
take account of the pros and cons of these zones in their 
decision-making.  (For instance, the city of Utrecht 
complained "business" in its zone increased once Amsterdam 
closed down its zone.) 
------------------------- 
¶7.  Prostitution as a Job 
------------------------- 
 
Problem: Labor relations within the prostitution sector are 
unclear.  Since the lifting of the ban on brothels, brothel 
operators/employers are subject to the same labor laws as 
other sectors.  This means they have to pay wage tax and 
social security premiums on the incomes of the prostitutes. 
In many cases, however, operators as well as prostitutes 
make it seem as if they are working independently - and 
evade taxes and premiums.  Clear labor relations are 
important to prevent undesirable forms of exploitation. 
 
Action:  Representatives of brothels operators and 
prostitutes are jointly drafting model contracts, which will 
be assessed by the tax services and labor bureaus on the 
consequences for tax and social premium levying.  On the 
basis of these model contracts, operators can determine the 
consequences of a chosen labor relation: self-employed or 
not.  Prostitutes will thus gain more insight into their 
legal rights.  Ministries of Social Affairs/Finance; January 
1, 2005. 
 
---------------- 
¶8.  Stepping Out 
---------------- 
 
Problem: Prostitutes wanting to quit their jobs for health 
or other reasons are often not covered by unemployment or 
sickness benefits.  Their employers usually think they have 
no commitments, or they find it difficult to take out an 
insurance policy.  Self-employed prostitutes have to make 
their own arrangements.  Other obstacles for stepping-out 
prostitutes may be inadequate labor market qualifications, 
debts, housing or addiction problems. 
 
Action: 
-- Local governments will be encouraged to inform 
prostitutes wanting to step out that they are eligible for 
general welfare.  Interior Ministry, January 1, 2005; 
-- In 2003, the Ministry of Health, Welfare and Sports (VWS) 
granted a subsidy to the De Graaf Foundation to support 
local governments in developing a coherent assistance 
package for stepping-out prostitutes.  This resulted in a 
brochure, which was sent to all local governments, giving an 
insight into the problems of these ex-prostitutes and 
providing information about initiatives and projects that 
can help local governments in developing their own policies. 
This information can also be found on 
www.uitdeprostitutie.nl.  After summer 2004, the foundation 
will organize a number of workshops for local governments. 
VWS Ministry; January 2005; 
-- The Social Affairs Ministry has subsidized a number of 
projects developed by the "Red Thread" organization for 
prostitutes.  The projects include training modules and best 
practices in helping ex-prostitutes to find new jobs.  The 
instruments are geared to the specific circumstances of ex- 
prostitutes.  The Social Affairs Ministry is also 
subsidizing a stepping-out program being developed by the 
"Scarlet Cord" aimed at re-socialization and psychosocial 
support.  Social Affairs Ministry; January 1, 2005. 
 
--------------------------------------- 
¶9.  Strengthening Prostitutes' Position 
--------------------------------------- 
 
Problem:  The basic principle that prostitution must be 
voluntary means women must be protected from any form of 
coercion or manipulation.  Although the 2003 Police Monitor 
noted most of the sex clubs in the licensed prostitution 
sector are meeting these criteria, prostitutes are still in 
a weak position (although generally they are not considered 
victims).  The prostitution sector itself has indicated it 
wishes to develop a quality mark to improve its image. 
 
Action:  In addition to a more active enforcement of local 
prostitution policy, model contracts and quality criteria 
(see below) in local licensing policy will improve the 
(legal) position of prostitutes.  In addition, the Social 
Affairs Ministry has allocated subsidies to projects aimed 
at empowering women in vulnerable positions.  These 
subsidies are open until January 1, 2005. 
 
------------------------------ 
¶10.  Quality Mark for Brothels 
------------------------------ 
 
Problem: Self-regulation by the prostitution sector still is 
insufficient.  Legalization of brothels has also given 
brothel operators more responsibility in meeting the 
statutory obligations without setting standards.  Moreover, 
it is in their interest to give the sector a better image. 
 
Action:  Together with representatives of the prostitution 
sector (prostitutes and brothel owners), the De Graaf 
Foundation for Prostitution Issues will assess options for a 
quality mark.  The idea is to grant such marks to 
prostitution businesses that, in addition to strict permit 
conditions set by municipalities, meet supplementary 
criteria with regard to safety, health and integrity.  One 
criterion may also be informing customers of the need to 
report signs of possible TIP victims.  De Graaf; January 1, 
¶2005. 
 
In addition, the Economics Ministry will organize a 
brainstorming session in supporting the sector to start up 
business and to improve the sector's image.  January 1, 
¶2005. 
 
-------------------------- 
¶11. Trafficking in Persons 
-------------------------- 
 
Problem:  A major problem in investigating and prosecuting 
punishable forms of exploitation is the invisibility in the 
non-licensed prostitution sector.  The first assessment of 
the law lifting the ban on brothels showed a shift had taken 
place with TIP perpetrators moving to sectors which were not 
regulated or which were difficult to control (escort, hotel 
and bar prostitution), although there was no evidence of a 
large-scale shift.  The 2003 Police Monitor showed illegal 
forms of exploitation particularly occur in the non-licensed 
sector.  During police controls of the licensed sector, 
hardly any illegalities were found in 2003. 
 
The invisibility and high degree of mobility of the 
unregulated prostitution sector make it difficult to obtain 
relevant information required for a successful investigation 
and prosecution of punishable forms of exploitation. 
 
Action: 
-- In order to obtain the necessary information, victims and 
witnesses of illegal prostitution efforts and TIP must 
become more willing to report illegalities must be 
increased.  The College of Attorneys-General is preparing 
new TIP instruction to prosecutors and police that will 
emphasize the need for providing proper information to the 
victim about the risks of reporting the crime and the 
services that can be offered.  Ministry of Justice; January 
1, 2005. 
-- In a number of police regions, fixed teams closely 
cooperate with brothel operators and prostitutes in order to 
obtain information about possible illegalities.  In a number 
of concrete cases, the police even managed to identify and 
arrest suspects without statements from victims.  These 
"best practices" are being distributed among the police 
forces.  Ministry of Interior; January 1, 2005. 
 
--------------------- 
¶12. Victim Protection 
--------------------- 
 
Action: 
-- To be able to offer victims maximum protection, the 
government will support a number of pilot projects for "safe 
houses," i.e. secret private shelters for women with acute 
safety risks.  Ministry of Health, Welfare and Sports; 
January 1, 2007. 
-- The Cabinet will continue to stimulate close cooperation 
between police and women's shelters in order to protect TIP 
victims through continued subsidies to the Foundation 
against Trafficking in Women (STV).  Subsidies to women's 
shelters have been raised structurally by 1.2 million euros 
in 2004 and up to 4 million in 2007. 
-- Consultations are being held between the Justice and 
Social Affairs Ministries on the possibility for TIP victims 
in the B-9 regulation to perform economic activities.  An 
adjustment to this effect in the Act on Alien Labor is 
expected Fall 2004. 
-- Victims fearing retaliation in their home countries may 
be given permanent residence status on humanitarian grounds. 
To be able to take a careful decision, a special file on the 
victim will be built up so that the burden of proof will no 
longer be on the victim only. 
-- Embassies in important countries of origin will be given 
guidelines in the financing of TIP projects, particularly 
aimed at prevention and re-integration.  Ministry of Foreign 
Affairs; January 1, 2005. 
-- During actions aimed at catching and deporting illegal 
aliens, the alien police will pay more attention to the 
presence of possible TIP victims in order to give the 
victims an opportunity to identify themselves and press 
charges.  This is part of a newly developed so-called 
Quality Program (training) for the Alien Police. 
Immigration Service; January 1, 2005. 
-- Through websites of customers, brothel operators and 
prostitution businesses, customers will be informed about 
health risks and (signals) of TIP.  They will be informed of 
the possibility to report offenses anonymously.  Justice 
Ministry; January 1, 2005. 
 
------------------------ 
¶13. Information Exchange 
------------------------ 
 
Problem:  Investigations and prosecutions of TIP cases must 
not only be based on victim statements, but also on relevant 
information gathered by the police.  Information from the 
immigration services is essential. 
 
Action: Information from the immigration services and alien 
police will be made available to the police.  The alien 
police will also assist with its expertise in criminal 
investigations.  Investments in computerized police 
investigation systems will be increased.  Consultations will 
be held with various relevant organizations (e.g. tax 
service, labor bureaus, Disclosure Office for Unusual 
Financial Transactions, and Asset Seizure Office) about 
exchanging information in TIP investigations.  Justice and 
Interior Ministries; January 1, 2005. 
 
-------------------- 
¶14.  Police Capacity 
-------------------- 
 
Problem: The invisibility and mobility (untraceability) of 
the non-licensed part of the sector require much police and 
other enforcement capacity.  The fight against people 
trafficking, which is a national priority for police and 
justice, has been intensified, and TIP is now considered a 
form of serious organized crime rather than just a sexual 
offense (initially recommended by the National Rapporteur). 
This has consequences for the organizational structure of 
police and justice. 
 
Action: 
-- Regular consultations are being held among the contact 
persons for TIP from the various regional police forces 
within the Expert Group on Prostitution and People 
Trafficking.  Interior Ministry; ongoing. 
-- Police are being trained in TIP investigations and their 
behavior toward TIP victims; Justice Ministry; ongoing. 
-- The police have set up a registration system in which 
both victims and traffickers are registered, which has 
improved the information exchange among the regional forces. 
Interior Ministry; ongoing. 
-- A TIP module is being developed for criminal 
investigators at the new police academy.  Interior Ministry; 
January 1, 2005. 
-- National developments will be closely monitored, 
experiences exchanged, proposals developed and offered, both 
to police forces, local governments and public prosecutors. 
Interior Ministry; January 1, 2005. 
-- In view of the Dutch position as a transit and 
destination country, the police will closely cooperate with 
other countries in (international) TIP investigations. 
Interior/Justice; January 1, 2005. 
-- Despite capacity problems, the police have committed 
themselves to continue TIP investigations, through sharp 
controls and intensive information exchange, analysis, and 
detection of victims and suspects.  Interior/Justice; 
January 1, 2005. 
-- The establishment of a Joint Investigation Team (JIT) 
with other EU Member States to work with Bulgaria in 
attacking TIP is being supported.  Interior/Justice; January 
1, 2005. 
-- Because of the expanded definition of people trafficking 
in the new law (to cover labor trafficking - law is pending 
before the First Chamber), TIP investigations will also be 
reviewed outside the prostitution sector, in which other 
special investigation services will also play a role, such 
as the labor inspection, the Economic Control Service and 
the tax service.  Justice/Social Affairs Ministries; January 
1, 2005 
 
------------------------- 
¶15.  Prosecution Capacity 
------------------------- 
 
The public prosecutor's office has also taken measures to 
improve TIP investigations and prosecutions.  In addition to 
the appointment of a national TIP prosecutor, the 
establishment of the National Crime Squad facilitates a 
centrally coordinated fight against TIP.  Public prosecutors 
are also being trained in TIP issues. 
 
Action: 
-- The TIP Instruction by the College of Attorneys-General 
will be renewed.  Justice Ministry; January 1, 2005. 
-- The College of Attorneys-General will send a letter to 
chief public prosecutors asking them to include the TIP 
issue in the regular tripartite consultations with mayors 
and chiefs of police.  Justice Ministry; August 1, 2004. 
 
---------------- 
¶16. "Lover Boys" 
---------------- 
 
Problem: "Lover boys" form a specific problem.  In addition 
to the investigation and prosecution measures mentioned 
above, additional measures are required concerning 
prevention and assistance to victims.  Information and 
education campaigns for (potential) victims and perpetrators 
are essential and will be expanded.  Ultimately, all 
elementary and high schools should have included prevention 
or "defense" lessons in their curriculum.  Information to 
specific groups, such as asylum seekers, is also important. 
For instance, the Scarlet Cord organization has successfully 
carried out a pilot project for asylum seekers.  It is also 
important to train teachers, welfare workers and other youth 
workers in recognizing signals of possible victims. 
 
Action: 
-- In December 2003, the Platform on Youth Prostitution 
advised the Justice Minister to set up a National Expertise 
Center for Youth Prostitution, in which all prevention, 
information and support activities will be merged.  This 
Expertise Center, which should be in place by January 1, 
2005, will be charged with collecting facts, figures, 
background information and "best practices" with respect to 
youth prostitution and "lover boys," so that the nature and 
scope of the problem become visible.  In addition to 
informing the public at large, the Center is to develop and 
distribute information to young people themselves.  The 
Expertise Center will not act as a national criminal 
reporting center.  Reports of sexual abuse still need to be 
filed with the police.  The Center will be placed within an 
existing organization, and cooperation will be sought with 
the centers for child abuse and for domestic violence. 
After three years it should be clear how and by what regular 
organization the tasks of the Expertise Center can be 
carried out.  The financing possibilities for this Center 
are currently being assessed.  Justice Ministry; January 1, 
¶2005. 
-- Perpetrators constantly change their "recruitment" 
practices and operations.  The latest development is the use 
of Internet to recruit potential victims.  Profiling of 
suspects is important in order to get a better picture of 
the "lover boy" problem.  This is a task for the police and 
public prosecutors for they have the best information.  The 
Expertise Center can play a role in developing a method for 
storing this information in one central place. 
-- In addition, systematized information about operations 
and profiles of "lover boys" will be included in TIP 
training for police and prosecutors. 
 
---------------------------------- 
¶17.  Victim Support - "Lover Boys" 
---------------------------------- 
 
Various organizations have set up specific assistance and 
prevention programs for (potential) victims of "lover boys." 
For instance, the FIOM Foundation has developed a prevention 
program for young girls.  The Rutgers Nisso group and the 
"Pretty Woman" organization are developing a test for young 
people to determine their limits.  This test can be used in 
information campaigns about "lover boys."  Utrecht has a 
special low-threshold assistance unit for so-called "risk" 
girls, and Leeuwarden has a special shelter for young 
prostitutes ("Asja").  A similar shelter may be set up in 
Amsterdam. 
 
Action: 
-- The Ministries of Justice and Welfare will consult with 
relevant organizations about the role of relief 
organizations in prevention of and assistance to "lover boy" 
victims, during which the need for specific assistance will 
be assessed.  January 1, 2005. 
 
------------ 
¶18.  Comment 
------------ 
 
The action plan shows the strong Dutch commitment to 
fighting illegal forms of prostitution, including sex with 
minors and people trafficking.  Sharper controls on the 
prostitution sector, greater support for prostitutes wanting 
to step out, improved information to TIP victims in the B-9 
procedures and more resources in fighting "lover boys" 
combined with continuing judicial training and the new 
legislation expanding the definition of TIP to include labor 
trafficking and increasing maximum sentence for TIP 
perpetrators should help the Netherlands address its TIP 
problems as a destination country.  This is a broad, well 
thought out agenda that presents numerous opportunities for 
the U.S. and the Netherlands to exchange "best practices" 
and share information.  The Embassy will continue to seek 
active engagement with the Dutch on this agenda and monitor 
its implementation closely.  End Comment. 
 
Russel