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

UNCLAS SECTION 01 OF 10 THE HAGUE 002277 
 
SIPDIS 
 
STATE FOR G/TIP, G, INL, DRL, PRM, IWI, EUR/PGI, EUR/UBI 
 
E.O. 12958: N/A 
TAGS: KCRM PHUM KWMN ELAB SMIG NL
SUBJECT: SUMMARY OF NATIONAL RAPPORTEUR'S THIRD TIP REPORT 
 
REF: (A) THE HAGUE 1803   (B) THE HAGUE 521 
 
¶1. Summary/Comment: On June 20, Dutch National Rapporteur on 
Trafficking in Persons (NRM) Dien Korvinus presented the 
third TIP report to Justice Minister Donner.  The 302-page 
report mainly covers the year 2002 and contains information 
about laws and regulations, victims, assistance, 
administrative enforcement, investigations and prosecutions. 
In addition, the Rapporteur makes 63 conclusions and 
recommendations.  (The Government is currently translating 
the report into English, but its release date is unknown. 
We, therefore, offer this detailed - and lengthy - summary 
in the interim.)  Various Ministries are studying the 
report, conclusions and recommendations.  In a letter to the 
Second Chamber (Lower House) of Parliament submitting this 
report, Donner said he wants to present a National TIP 
Action Plan before the end of the year, as recommended by 
the NRM. 
 
¶2. The NRM's reports are always helpful because they are the 
broadest-based, most authoritative and objective source in 
the Netherlands for TIP information.  This report, however, 
suffers because of the delay in its release (the NRM's last 
report was issued January 2003) and its reliance on 2002 
information.  (The Rapporteur's Office hopes to issue a 
supplemental report containing 2003 statistics by the end of 
the year.)  In some instances, the statistics seem "dated" 
(we have already reported on many of the 2002 figures) and 
recommendations have been overtaken by Government/NGO action 
(for example, movement on changes in the B-9 regulations; 
improvement of the Ama situation). 
 
Still, the report shows: 
 
- troubling extent of the "loverboy" problem (which the 
Government has made a top priority in its TIP efforts); 
- significant increase in the number of victims identified 
by the 56 institutions involved with the TIP problem; 
- need for credible information on the use of minors in the 
sex industry (three NGOs are now conducting a study into 
child labor and prostitution); 
- surprisingly low level of apparent criminal trafficking 
activity in the legal sex trade/brothels; 
- increase in the number of investigations completed by the 
police and referred to the public prosecutors; and 
- evidence of significant police, prosecutorial and 
Government resources to fight TIP. 
 
End Summary/Comment. 
 
¶3. The NRM TIP report summary: 
 
------------------- 
Law and Regulations 
------------------- 
--TIP Legislation 
Current Dutch TIP legislation penalizes all forms of 
organized prostitution involving violence, misuse of power, 
deception and the exploitation of minors (under 18).  The 
law also punishes people who profit from these 
circumstances, as well as Dutch nationals and aliens having 
permanent residence in the Netherlands guilty of sex with 
minors in foreign countries.  On July 1, 2004, the Second 
Chamber (Lower House) passed legislation (Article 273A in 
the Penal Code) expanding the definition of people 
trafficking to all forms of modern slavery (including labor 
exploitation) and the removal of human organs, and raising 
penalties commensurate to those for other grave crimes.  The 
bill awaits final approval by the First Chamber (Upper 
House) (COMMENT: expected by year's end 2004).  The Article 
implements the UN Protocol and the EU Framework Decision on 
Trafficking in Persons. 
 
--B-9 
So far, the B-9 regulation for TIP victims remained 
unchanged, except for a recent shift of administrative 
duties from the alien police to the Immigration and 
Naturalization Service (IND).  Nonetheless, changes in B-9 
are required for various reasons: (a) the new TIP law 
expanding the definition to all forms of social-economic 
exploitation; (b) the EU agreement on allowing TIP victims 
to work while in the B-9 regulation.  (COMMENT: The 
Government has already acted in this area, recognizing the 
need for B-9 reform.  The Government sponsored an NGO 
conference and is drafting new B-9 regulations, expected by 
year's end 2004). 
 
--Prostitution Policy and Administrative Enforcement 
The general ban on brothels was lifted on October 1, 2000. 
Since then, local governments are responsible for carrying 
out their local prostitution policies, on the basis of a 
licensing system.  Such licenses include requirements as to 
location, business operations and a ban on exploiting 
minors, illegal aliens and TIP victims.  On the basis of the 
Act on the Promotion of Integrity Assessment by Public 
Administration (BIBOB) of June 2003, local governments can 
refuse or cancel licenses on suspicion of serious threats of 
abuse.  Under Article 15A of the Municipality Act, civil 
servants can be assigned to control compliance with the 
rules for operating brothels as well as to control street 
prostitution.  Most local governments have (also) assigned 
police officers to do this job.  There may be good reasons 
for this, but it can be confusing in practice, because the 
police then carry two hats:  that of law enforcer and local 
government supervisor.  Simultaneous to the lifting of the 
ban on brothels, an ID requirement was introduced for 
prostitutes, which was to control illegal/underage 
prostitutes.  Meanwhile, a bill was adopted introducing a 
general ID requirement for the entire Dutch population under 
¶14. 
--Foreign Prostitutes 
The Government's starting-point is that people from non- 
EU/EEZ countries are not allowed to work in the Dutch sex 
industry.  EU-subjects are in principle allowed to do so. 
In May 2004, 10 new member-states (many of them are native 
countries of TIP victims) joined the EU, but the Dutch 
Government decided to ban people from eight of these 
countries from working for brothel operators for the time 
being.  They are, however, under certain conditions, allowed 
to work as self-employed.  In addition, on the basis of the 
Association agreements, the Netherlands, on certain 
conditions, must allow access of people from future 
association countries (Bulgaria and Romania) wanting to set 
up their own sex business.  Various NGOs have repeatedly 
argued for ampler accession possibilities for foreign 
prostitutes to the Dutch market believing this will make 
them less dependent on third parties, and thus reduce 
chances on trafficking. 
 
----------------------------------- 
TIP Investigations and Prosecutions 
----------------------------------- 
 
Police 
------ 
In recent policy documents relating to the police, TIP is 
mentioned explicitly in connection with (investigations of) 
illegal aliens.  The Justice Minister has repeatedly 
indicated that TIP is a priority for police and prosecutors. 
One of the priorities of the National Crime Squad (Nationale 
Recherche - NR - established in July 2003) is combating TIP. 
The AIVD intelligence service also collects information on 
TIP if national security is at risk. 
 
In June 1999, the Police Project on Prostitution and TIP 
(PPM) was initiated to coordinate implementation of Dutch 
prostitution/TIP policies.  One of its initiatives was to 
begin a TIP training course for criminal investigators at 
the National Selection and Police Training Center (LSOP). 
The course includes intake talks, victim/witness interviews, 
control of sex houses and document identification.  The PPM 
also publishes a periodic Police Monitor giving an overview 
of the state of play in implementing prostitution/TIP 
policies.  The 2002 PPM report, published in 2003, showed 15 
of the 26 police regions (including the KLPD national 
police) had reached the levels desired at that time. 
(COMMENT: The 2003 PPN Monitor was published in May 2004. 
It was not included in this NRM Third TIP Report.) 
 
Within the KLPD's national criminal information service 
(NRI), the TIP Information Unit (IEM) was set up in mid- 
¶2001.  The purpose of the IEM is promoting national and 
international TIP policies and investigations.  The IEM 
registers all available operational information, including 
the "follow-the-victim" program.  In 2002, the IEM handled 
85 foreign information requests.  In February 2002, the IEM 
started two-monthly "Operational TIP Consultations (OOM)," 
during which operational information is exchanged among 
representatives from the various police regions. 
 
The number of TIP investigations completed by the police and 
sent to the public prosecutor rose to 55 in 2002 from 48 in 
2001 and 25 in 2000.  (The provisional estimate for 2003 is 
46).  Of the 55 cases, 42 related to cross-border and 13 to 
internal trafficking.  The number of TIP investigations 
depends on the priorities set and capacity made available by 
the police in a certain region.  Some police regions were 
still lagging behind.  Most investigations related to window 
and club prostitution, but there was growing focus on the 
escort sector.  TIP victims were also found in Turkish 
coffeehouses and one massage parlor.  Of the 55 
investigations, 24% were initiated through private reports 
to the police, 22% through police controls and 20% through 
information from other investigations.  The police was also 
tipped via the anonymous crime reporting hotline, which was 
started in September 2002.  From September 2002 through July 
2003, there were 64 reports of useful information about 
people trafficking and smuggling, which is 1% of the total 
number of tips received via the hotline. 
 
Investigation methods used relatively often in TIP cases are 
surveillance and telephone tapping.  Legal assistance 
requests are also often made to other countries.  Increasing 
use is made of the computerized TIP information program, 
because, initially, many victims do not want/dare to press 
charges.  In these cases, incriminatory information is 
gathered and may be completed later with statements by 
victim/witness.  The investigation process has various 
obstructing factors, which were already noted in the first 
NRM report (not always sufficient police capacity, little 
preparedness by victims to press charges, unattractiveness 
of B-9 scheme, not enough shelter capacity).  In addition, 
traffickers may benefit from the fact that not all local 
governments pursue the same prostitution policies, for 
instance concerning licenses, controls and attention for the 
phenomenon. 
 
Generally speaking, financial investigations often are 
considered a side-product in tactical investigations. 
However, police team leaders reported that 40% of TIP 
investigations in 2002 related to financial investigations. 
In almost one-third of investigations, a criminal financial 
investigation (sfo) was opened, which in at least half of 
cases resulted in asset seizures.  The illegally obtained 
profits calculated in the police investigations are usually 
reduced to half by the courts and to 40% in appeal.  Total 
illegally obtained profits for 13 suspects in 2002 were 
estimated at almost 1.5 million euros, or an average of 
115,000 euros per suspect, compared to 210,999 per suspect 
in 2001.  Reasons for not investigating a case from the 
financial perspective usually were insufficient (estimated) 
profits or there was nothing to seize from the suspect.  In 
addition, money transfers made it difficult to track down 
criminal money. 
 
Public Prosecution 
------------------ 
The fight against TIP is considered a national priority for 
the prosecutor's office, mostly in relation to fighting 
people smuggling.  However, the two are increasingly seen as 
two separate issues, often labeled under the heading of 
migration crime.  For the practical implementation of 
prosecutorial policies, the national government's 2002 
Safety Report forms the guiding principle.  The 
prosecution's long-term plan "Perspective for 2006," which 
is based on this report, explicitly identified TIP as a 
special theme requiring intensified criminal enforcement. 
The National Recherche (National Crime Squad), led on this 
issue by the national TIP prosecutor, will play an important 
role in this.  It also is the intention that, to combat TIP, 
particular use will be made of (existing) know-how and 
information, for instance the reports by the National 
Rapporteur and of the regional TIP prosecutors.  Regular 
consultations are being held between the Attorney General 
for Organized Crime, the national TIP prosecutor, and 
regional TIP prosecutors.  Since 2003, the Judicial Study 
Center (SSR) has been offering special TIP training to 
regional TIP prosecutors.  The prosecution's "policy 
guideline on TIP and other forms of exploitation in the 
prostitution sector" of October 2000 will expire in October 
¶2004.  It needs to be adjusted in order to meet the new 
definition in the (draft) law expanding TIP to other forms 
of social-economic exploitation. 
 
In 2002, the public prosecutor's office registered 201 TIP 
cases, compared to 130 in 2001 and 138 in 2000.  Of these 
201 cases, some 13% related to underage victims, down from 
21% in 2001 and 27% in 2000.  Most cases occurred in the Den 
Bosch region (33), followed by Amsterdam and Zwolle (24 
each), Arnhem (20) and Haarlem (19).  A majority of cases 
related to Articles 250a or 250ter para 2 of the Penal Code 
(involvement of two or more suspects, underage victims or 
serious physical injury).  The crimes were committed mostly 
in combination with other offenses, such as offering 
registered access to undesired aliens, rape, possession of 
weapons and drugs, and use of false passports. 
 
The public prosecution settled 168 cases in 2002, compared 
to 160 in 2001 and 94 in 2000.  (Note that settlements may 
have taken place in a later year than the year of 
registration with the public prosecution.)  Of the 168 cases 
settled by the prosecution in 2002, almost 70% were summoned 
to appear in court, which was an increase from previous 
years.   The number of cases that were dismissed 
unconditionally (mostly technical dismissals) and the number 
of cases in which people were ultimately summoned for 
offenses other than TIP appeared to be dropping. 
 
Courts 
------ 
In 2002, courts handled 94 TIP cases, compared to 85 in each 
of 2001 and 2000.  Of these 94 cases, 89% were convicted and 
11% acquitted, about the same percentages as in previous 
years.  The average sentence for cases in which, among other 
things, TIP was involved in 2002 was more than 21 months. 
However, the sentence differs per case and depends on proof 
of other offenses.  For instance, if sexual violence was 
involved, the average sentence was almost three years.  The 
sentences do not seem high, but are commensurate to those 
for rape. 
 
Suspects 
-------- 
Of the police investigations successfully completed in 2002, 
207 suspects were identified, 191 arrested (91%) and 180 
suspects (87%) "sent in" to the prosecution.  The average 
age of suspects in 2002 was 31 years, and almost 25% of 
suspects were female (particularly Nigerian).  Almost half 
of suspects held Dutch nationality, but part of them were 
born outside the Netherlands.  Proportionately, many foreign 
suspects came from Albania, Bulgaria, former Yugoslavia, 
Nigeria and Turkey.  The number of Albanian and Bulgarian 
suspects rose strongly in 2002, whereas that of Dutch 
suspects went down.  Almost all suspects born in Morocco and 
Netherlands Antilles were guilty of internal trafficking. 
Some 48% of suspects with foreign nationality were residing 
in the Netherlands illegally. 
 
Of the arrested suspects, about 10% were operating legal and 
illegal sex clubs or brothels.  Police investigations in 
2002 showed the number of operators who were knowingly 
exploiting TIP victims (but not actively involved) was 59%, 
39% were ignorant, and 2% were actively engaged in 
trafficking.  In cities with strict licensing systems, 
operators appeared to be much more afraid for losing their 
licenses and, therefore, did not like to use (underage) TIP 
victims.  It also appeared that attorneys sometimes had 
contacted TIP victims to persuade them to withdraw their 
charges or had benefited from the fact that foreign 
prostitutes liked to work in the Dutch prostitution sector. 
 
Provisional 2003 figures by the NRM show that 157 suspects 
were registered with the prosecution's office.  Most 
frequent country of birth: The Netherlands, followed by 
Romania, Bulgaria, Turkey, (former) Soviet Union, and 
Suriname. 
 
Trafficking Methods 
------------------- 
Research showed TIP victims were recruited abroad and 
domestically.  Recruiters approached most foreign victims, 
but some victims took their own initiative for recruitment. 
Most victims left for their new jobs within one week after 
being recruited, which may be a strategy to give victims 
little time to consider their decision.  Generally, 
recruiters operating abroad are seldom found or prosecuted 
because they usually hand off or sell the victim to a pimp 
who operates locally (and who is easier to find and 
prosecute).  Nonetheless, there appeared to be an increase 
in investigations of recruiters (including "loverboys") in 
¶2002.  This was probably due to the fact that more foreign 
"loverboys" were identified, who mostly operated both as 
recruiter and pimp.  In two-thirds of investigations victims 
used valid passports.  Visas were less often forged than 
passports.  Moreover, most victims came from non-visa 
countries.  According to the police, false documents were 
hardly distinguishable from real ones.  Police 
investigations showed that most victims came over land from 
Germany (67%), and Belgium (12%), and 17% via Schiphol 
airport.  Some 69% of the 55 police investigations in 2002 
concerned "loverboy" practices from 29% in 2001.  The 
increase was entirely due to the fact that foreign victims 
were also increasingly lured into prostitution through these 
practices. 
 
Criminal Networks 
----------------- 
Some 34% of police investigations in 2002 involved criminal 
networks, 34% "isolated criminal groups," and 32% 
individuals.  This compared to 58%, 17% and 25%, 
respectively, in 2001.  There clearly was a drop in the 
number of criminal networks, and an increase in isolated 
groups and individuals, the latter being engaged mostly in 
domestic trafficking.  In the Netherlands, almost all the 
men and women arrested for TIP violations were engaged in 
pimping (keeping victims in prostitution), rather than 
recruiting or transporting.  In cross-border trafficking, 
recruitment was often done by others, who (often) were not 
found by the police.  Within the country, men often were the 
victims' pimps, whereas women played a supporting role.  Men 
were much more violent toward their victims, but still one- 
fifth of female suspects were guilty of physical violence. 
In 30% of cross-border investigations in the period 1998- 
2002, facilitators were used for delivery of false 
documents.  The investigations paid too little attention to 
these facilitators, according to the NRM. 
 
------- 
Victims 
------- 
The report covers some specific groups of (potential) 
victims: 
 
Minors 
------ 
It is difficult to get reliable information about child 
trafficking and underage prostitution.  An inquiry by the 
NRM showed that 85 underage victims contacted relief 
organizations in 2002.  However, the Foundation against 
Trafficking in Women (STV) registered 41 underage victims in 
2002, and the "follow-the-victim" system of the police, 
which lists possible victims, counted 51 minors.  It should 
be noted that the NRM investigation certainly had some 
double-counting, while the STV and police tried to avoid 
this as much as possible.  It is generally assumed that the 
problem is much larger in reality.  However, according to 
the NRM, it is unlikely that police and welfare 
organizations cannot find underage victims, while clients 
can.  Therefore, the questions has come up whether the 
(limited) figures available may in fact reflect the actual 
situation.  (COMMENT: Recognizing the lack of specific 
information on this problem, three NGOs (UNICEF Nederland, 
ECPAT Nederland and Defense for Children International 
Nederland) recently announced they were conducting research 
into the use of minors in the sex industry and labor market. 
Their first report is expected in December 2004.) 
 
"Loverboy" Victims 
---------------- 
The "loverboy" method is usually associated with second and 
third-generation Turkish and Moroccan underage girls living 
in the Netherlands.  However, the method is also used with 
adult women and in cross-border trafficking.  The method is 
not new, but currently gets much attention.  Victims are not 
only lured into prostitution, but also forced to work as 
drug couriers, to take out loans or to shoplift.  The number 
of victims is not known.  The Child Abuse Reporting Center 
identified 50 (possible) victims in 2002 and 2003, including 
two boys, in the 14-16 age group. 
 
Single Underage Asylum Seeker 
----------------------------- 
Single underage asylum seekers (Ama's) also run the risk of 
being brought to the Netherlands under false pretense, or, 
in a later stage, being lured out of asylum centers to work 
as prostitutes.  The number of these victims is not known. 
Several "loverboy" projects have identified Ama victims. 
(COMMENT: Thanks to tighter immigration regulations and 
controls the inflow of Ama's has dropped significantly.  See 
Reftel B.) 
 
Victim Registration 
------------------- 
The Foundation against Trafficking in Women (STV) is the 
central registration point for (possible) TIP victims.  Some 
56% of reports received in 2002 came from the police.  Other 
sources were relief organizations, private persons, and 
refugee centers.  A new computerized registration system 
became operational in 2003.  (COMMENT: The NRM report only 
gives complete 2002 figures.  It includes some 2003 figures, 
which we reported our annual TIP report (Reftel B).  We have 
not repeated those 2003 figures here.) 
 
Because of the high mobility of TIP victims, the police have 
developed the IKP-S "follow-the-victim" system, in which 
most regional police forces register possible TIP victims. 
The system includes a list of identification "signals" (a 
maximum of 10 points per signal).  Together the points 
should give an indication of likely victims.  The IKP-S 
registered 371 (possible) victims in 2002, compared to 343 
registered by the STV.  The information about countries of 
origin is similar to STV data:  Bulgaria (almost one-third 
of victims), Romania, Sierra Leone, Poland and Nigeria. 
 
The NRM received reports from 56 institutions indicating 
they had had contacts with TIP victims in 2002.  On the 
basis of these reports, the NRM has made the following 
survey (the information is based on a combination of 
registrations and estimates): 
 
Type of victims               Number 
---------------               ------ 
Foreign women                 431 
  Of whom minors               62 
Foreign men                     2 
  Of whom minors                - 
Foreign transvestites          12 
  Of whom minors                - 
Dutch women                   169 
  Of whom minors               22 
Dutch men                       6 
  Of whom minors                1 
Dutch transvestites             5 
  Of whom minors                - 
Total                         625 
  Of whom minors               85 
 
(COMMENT: The STV registered 343 victims in 2002 (and 257 
victims in 2003 - figures we used in our annual TIP report 
because the NRM's figures weren't available).  The NRM 
recognized the discrepancy in the two figures and 
acknowledged there might be double counts.  The difference 
can also be explained in different methodologies - STV 
receives victim information from organizations (and not all 
institutions report TIP victims to the STV) while the NRM 
seeks out victim information from all relevant sources for 
its reports.  The 2002 number NRM uses more closely 
corresponds to the number of 2000 TIP victims NRM used (608) 
than to the STV numbers.) 
 
Victims in Police Investigations 
---------------------------------- 
At least 258 TIP victims or witnesses reported to the police 
in 2002 from 186 in 2001.  Of the 258 reports, some 226 
concerned cross-border trafficking.  About 25% of the 
investigations (also) concerned underage victims from 38% in 
¶2001.  The top-5 originating countries were: Bulgaria, the 
Netherlands, Poland, Russian Federation and Romania.  Most 
victims are from Central and Eastern Europe. 
 
Victims in B-9 
-------------- 
According to registration by the Immigration and 
Naturalization Service (IND), the number of (first) B-9 
requests rose to 160 in 2002 from 145 in 2001 and 77 in 
¶2000.  Of these, 127 were granted in 2002 from 122 in 2001 
and 45 in 2000.  Two-thirds of victims, who were granted B- 
9, were in the 18-26 age group.  About 10% were underage, 
including some very young children ages 0-10, probably 
children of victims. Some 4% of the B-9 applicants in 2002 
were male, probably mostly children and witnesses.  More 
than 25% of victims/witnesses who received B-9 status in 
2002 had Bulgarian nationality.  The others were mostly from 
other Central/East European countries and Nigeria.  In 2002, 
some 81% of requests ultimately honored were dealt with 
within four weeks, 99% within 12 weeks, and only 1% longer 
than 24 weeks.  The percentage of very slow procedures thus 
decreased. 
 
Assistance 
---------- 
The NRM report describes a wide variety of assistance 
program, varying from prevention/information campaigns, to 
protection and safe return/reintegration programs.  The 
Foundation for Trafficking in Women (STV) is the national 
reporting point for and registration center of victims.  In 
addition, the STV initiated and coordinated regional 
networks of organizations, which help and guide victims, and 
it coordinates La Strada, an international network to 
prevent trafficking of women from Central and Eastern 
Europe. 
 
Other relief organizations are Atalantas (set up by 
victims), Bonded Labor Netherlands (BlinN - individual 
guidance of victims), IOM (assistance for safe 
return/reintegration), JOS (legal assistance), the SRTV 
Foundation of Religious against TIP (information campaigns 
in native countries), Uitzicht (providing shelter for 
victims not wanting to press charges), and TAMPEP 
(protection of victims, training programs).  In addition, 
there are various joint ventures, for instance aimed at safe 
return and improvement of joint cooperation. 
 
Special projects for underage victims are Asja, ECPAT/DCI 
(combating sexual exploitation of children), the "loverboy" 
project in Zwolle, Pretty Woman (ambulatory assistance to 
prevent and support underage prostitutes, 
Prostitution/Social Work Humanitas in Rotterdam (prevention, 
fieldwork and resocialization), Foundation Nigerian Women 
Association Netherlands (helpdesk for African victims), and 
Scarlet Cord (prevention of underage girls/asylum seekers. 
The Platform on Youth Prostitution has been arguing for the 
establishment of an expertise center to collect information 
about nature and size of underage prostitution.  (In 2004, 
the Government decided to do so). 
 
The Association of Brothel Operators (VER) drafted a Code of 
Conduct for trafficking in people, which was endorsed by all 
members and associated companies.  The Code rejects all 
forms of TIP, coercion and employment of minors in 
prostitution.  Suspicions of violations will be reported to 
the proper authorities (at least via the Anonymous Crime 
Hotline), and victims will be informed about assistance 
programs.  The Code is hung in the premises; personnel, 
prostitutes and clients are informed of the Code and what's 
expected from them.  The VER has called on other legal 
entrepreneur in the prostitution sector to sign the Code and 
act accordingly. 
 
Problems Signaled by Relief Workers 
----------------------------------- 
Relief workers as well as the police signaled a shortage of 
shelters in 2002, which was due partly to the fact that not 
all shelters took in TIP victims, or just limited numbers, 
because these victims were considered a difficult target 
group.  Ultimately, accommodation was found, but it often 
was time-consuming.  From a point of view of protecting 
victims and personnel, relief workers sometimes feared 
criminal TIP networks.  Bonded Labor Netherlands (BlinN) 
concluded that relief workers and victims often were not 
aware of possibilities for training and education for 
victims.  Victims also appeared to disappear from shelters 
to go back into prostitution.  Generally, they had come to 
the Netherlands temporarily to make money.  However, many 
victims preferred to remain in the Netherlands for all sorts 
of reasons.  This made it difficult for relief workers to 
start a "safe return" procedure.  The NRM concluded that 
cooperation among institutions and the police was 
satisfactory. 
 
TIP in Specific Prostitution Sectors 
------------------------------------ 
Street-Walking Zones 
-------------------- 
Many local government closed or will close special street- 
walking zones (originally meant for addicted prostitutes), 
mostly because of increasing presence of illegal 
prostitutes.  Relief organizations were worried these women 
would go underground making it more difficult to control. 
Relief organizations also criticized the "sweep" actions in 
these zones, during which illegal aliens were deported 
without properly identifying possible TIP victims. 
 
Escort Sector 
------------- 
Escort companies do not need a permanent address, which 
makes it difficult to control, particularly if they only 
advertise through mobile phones or the Internet.  The police 
developed new investigation instruments, such as the "hotel 
room" procedure, with which dates are made with escort 
prostitutes in order to check whether licensing conditions 
are met. 
 
TIP Before and After Legalization of Brothels 
--------------------------------------------- 
According to the NRM, the effect of lifting the ban on 
brothels cannot be measured, mostly because the TIP 
situation was not known before this date.  Secondly, not all 
local governments had implemented the law at the same date. 
In any case, the conclusion that the lifting of the brothel 
ban has led to more trafficking is false.  In the past, TIP 
occurred in all prostitution sectors, whereas currently 
brothels appear to be free of criminal excesses.  However, 
various studies have noted some shift to illegal, non- 
regulated sectors, which are difficult to control. 
According to the NRM, this does not mean that there is more 
people trafficking now than before the ban.  On the 
contrary, it probably is less, because not every customer 
"fancies" the illegal business. 
 
On a number of points, the NRM made a comparison of the 
years before (1998/99) and after (2001/02) the new 
legislation.  For instance, the number of police 
investigations after the lifting (79) was much higher than 
before (37); the number of cases against one suspect 
registered with the prosecutor rose from 237 before to 331 
after; the number of STV-registered victims rose from 515 to 
627; and the number of victims/witnesses using B-9 rose from 
107 to 249.  According to the NRM, the figures show that 
police and prosecutors have worked hard to combat TIP, 
despite capacity shortages. 
 
Summary of Recommendations 
-------------------------- 
The NRM report includes a summary of recommendations, 
warning that they should not be taken out of context from 
the extensive descriptions in the separate chapters and from 
the recommendations in the first NRM report.  According to 
the NRM, these recommendations are meant as a "helping hand" 
to the Government.  (COMMENT: Since the report mainly covers 
2002, many of the recommendations are already being 
implemented, or have been included in the Government's 
recent prostitution action plan (Reftel A).) 
 
The NRM recommends: 
 
Legislation and Regulation 
-------------------------- 
  ¶1.   Dutch criminal law be adjusted rapidly to the UN TIP 
      protocol and the EU framework decision on TIP. 
  ¶2.   The specific nature and seriousness of exploitation for 
      sexual purposes be more clearly defined compared to 
      exploitation in other social-economic sectors. 
  ¶3.   The definition of "exploitation" in labor (outside the 
      prostitution sector) be more clearly defined, and not only 
      left to judges. 
  ¶4.   The Government take an outspoken stand about combating 
      TIP primarily in the context of human rights. 
  ¶5.   The Government indicate whether the EU framework 
      decision on the status of victims in criminal procedures has 
      led to adjustments in Dutch laws and regulations and, if so, 
      how. 
  ¶6.   The Government indicate which direction it wants to 
      take in banning work permits for the prostitution sector as 
      laid down in the Law on Alien Labor (WAV). 
  ¶7.   The Government create clarity about (future) conditions 
      for opening up the Dutch labor market in the prostitution 
      sector for new EU-subjects, with respect to paid employment 
      (in comparison to self-employment). 
  ¶8.   The Government sound out internationally whether modern 
      slavery in the sense of the UN protocol also relates to 
      "old" slavery. 
  ¶9.   The Government invest in a broad discussion about the 
      possibility to penalize customers knowingly using the 
      services of forced prostitutes. 
 
B-9 Scheme 
---------- 
  ¶10.  When expanding the B-9 scheme to all TIP victims, 
      differentiate assistance to victims as to the nature of 
      trafficking.  This also applies to the new regulation 
      allowing victims to work. 
  ¶11.  Structural measures be taken to prevent the B-9 scheme 
      from not being applied (e.g. during "sweep" actions of 
      illegal immigrants), particularly with respect to offering 
      victims time to reflect. 
  ¶12.  Shelter and assistance not only be made available to 
      victims wanting/considering pressing charges. 
  ¶13.  All organizations involved in implementing the B-9 
      scheme be informed about their tasks. 
  ¶14.  Victims be informed fully and early about rights and 
      possibilities offered by the B-9 scheme, and be kept 
      informed about procedural developments (as far as social 
      security, criminal and immigration procedures are 
      concerned). 
  ¶15.  There be sufficient possibilities for concrete and 
      adequate legal assistance to victims. 
  ¶16.  There be a central point, which is to make an inventory 
      of problems encountered in the implementation of B-9, render 
      advice and, if necessary, to intervene. 
 
TIP Victims 
----------- 
  ¶17.  The Government's efforts to protect victims be expanded 
      to countries outside the Netherlands, either through 
      bilateral or multilateral agreements. 
  ¶18.  Risk assessments and minimum conditions be made to the 
      safe return of victims.  If deportation is unjustified, the 
      possibility should be created for extended residence in the 
      Netherlands and continued assistance. 
  ¶19.  Structural attention be paid to the safety of women and 
      Ama's in asylum centers.  Incidents, such as recruitment for 
      prostitution and departure with unknown destination should 
      be prevented and, on discovery, registered. 
  ¶20.  Ama's guided by relatives or friends not be brought 
      under the responsibility of these (distant) relatives 
      without proper controlling these persons' reliability. 
 
Assistance 
---------- 
  ¶21.  There be more structural financing of organizations 
      engaged in sheltering, guidance and assisting TIP victims. 
  ¶22.  Identification of victims, particularly of minors, be 
      improved.  Special training in TIP problems. 
  ¶23.  Ways be found to pass on TIP information, which is 
      available by relief organizations, to the police. 
  ¶24.  Also in the case of foreign TIP victims, attention be 
      paid to the use of "loverboy" techniques and the 
      consequences thereof. 
  ¶25.  Relief organizations submit a proposal to the 
      Government considering the pros and cons of creating 
      separate shelters for TIP victims (separate from shelters 
      for battered women). 
  ¶26.  Assistance be provided to victims in B-9 in finding 
      work and guiding them in this work. 
 
Research and Registration 
------------------------- 
  ¶27.  A central registration be realized of all TIP victims. 
  ¶28.  An accurate, current registration be set up of all 
      available shelters accessible to all organizations engaged 
      in placement of victims.  If necessary, extra shelters 
      should be created.  Special attention should be paid to 
      shelter possibilities for underage victims. 
  ¶29.  Research be initiated or facilitated into (reasons for) 
      departure of victims from shelters and experiences of 
      victims on return to their native countries. 
  ¶30.  Other countries be pressed into appointing national 
      rapporteurs. 
 
General Law Enforcement 
----------------------- 
  ¶31.  Repression not be set against prevention, and not be 
      set against a humanitarian/human rights-oriented approach. 
  ¶32.  Prostitution policy be clearly shaped and implemented, 
      and any shortcomings should be repaired. 
  ¶33.  National surveys be made of the results of 
      administrative controls and (possible) administrative 
      intervention in the prostitution sector, in order to get a 
      better idea about the frequency of these controls and number 
      of victims. 
  ¶34.  It be investigated to what extent administrative 
      measures against a mala fide brothel operator in one city 
      can be used in assessing a license request by the same 
      operator in another city. 
  ¶35.  Attention be paid particularly on implementation of new 
      (international) regulations, rather than on new laws. 
  ¶36.  Capacity of police and justice in the fight against TIP 
      be expanded. 
  ¶37.  There be stringent and adequate administrative 
      enforcement of the legalized prostitution sector. 
  ¶38.  If administrative controls in the escort sector appear 
      not to be (sufficiently) effective or require extreme 
      capacity, a simpler system of regulation and control be 
      found. 
  ¶39.  The central government bear responsibility in the 
      objectives of the lifting of the ban on brothels, certainly 
      as far as TIP is concerned, and not shift this to local 
      governments. 
  ¶40.  The Government make a fundamental statement about 
      whether or not the measuring rule in the law enforcement of 
      cross-border organized forms of people trafficking should 
      not be placed higher than the national standard, and promote 
      international cooperation. 
  ¶41.  The Government further develop the idea of a European 
      criminal zone, particular for combating TIP. 
 
Police Investigations 
------------------------- 
  ¶42.  The priority given by the police to TIP investigations 
      be applied in practice by all regional forces. 
  ¶43.  Investigations focus more on "facilitators." 
  ¶44.  Investigations be increased, also without victims 
      pressing charges, with which use should be made of the 
      computerized police information system (IGO). 
  ¶45.  Special focus on the group of prostitutes who have just 
      turned 18. 
  ¶46.  TIP victims be enabled to press charges as well and 
      rapidly as possible. 
  ¶47.  Financial investigations in TIP cases be expanded. 
 
Prosecutions 
------------ 
  ¶48.  A more national coordination in order to realize 
      priorities attached to TIP in all regions. 
  ¶49.  Prosecutors indicate more actively what is needed to 
      enforce the criminal ban on TIP. 
  ¶50.  Restrictions in international cooperation be made more 
      visible. 
  ¶51.  More efforts made in seizing illegally obtained 
      profits. 
 
Other Recommendations 
--------------------- 
  ¶52.  National prostitution be explained better abroad and in 
      international context, and national policy to combat TIP be 
      better propagated. 
  ¶53.  Duplication be avoided in national and international 
      initiatives in the field of training, scientific research 
      and data collection through better communication and 
      information. 
  ¶54.  The expansion of the TIP definition in the Penal Code 
      be anticipated for the sake of measures to be taken. 
  ¶55.  The consequences of the expansion of the TIP definition 
      for law enforcement be anticipated. 
  ¶56.  More attention be paid to TIP training, including 
      structural training of members of the judiciary. 
  ¶57.  A formal decision be taken on an expansion of the areas 
      to be focused on by the NRM. 
 
Repeated Recommendations 
------------------------ 
  ¶58.  A specific procedure be developed for the category of 
      victims, who are currently excluded from the reflection time 
      for not yet having worked in Dutch prostitution. 
  ¶59.  Cooperation be improved between the prosecutor's office 
      and the Immigration and Naturalization Service (IND) in the 
      implementation of the B-9 scheme, as promised before. 
  ¶60.  A public information campaign be started by the central 
      government with respect to prostitution and TIP, aimed at 
      prevention. 
  ¶61.  Special attention be paid to information to (potential) 
      customers of prostitutes to make them aware of signs of TIP 
      victims and the existence of the anonymous crime reporting 
      line. 
  ¶62.  The scope and impact of a Second Chamber resolution 
      (banning controlled access of victims in the interest of 
      criminal investigations) on the judicial practice be given 
      further and wider consideration.  (The Cabinet has banned 
      this investigation method, because human dignity is at 
      take.) 
  ¶63.  The extra capacity of police and justice in 
      investigations of the illegal sector not go at the cost of 
      administrative controls in the legal sector. 
 
SOBEL