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DE RUEHTC #0453/01 0601652
ZNR UUUUU ZZH
P 011652Z MAR 06
FM AMEMBASSY THE HAGUE
TO RUEHC/SECSTATE WASHDC PRIORITY 4956
INFO RUEAWJA/DEPT OF JUSTICE WASHDC
RUEHC/DEPT OF LABOR WASHDC
RUEAHLC/HOMELAND SECURITY CENTER WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHDC
RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHAK/AMEMBASSY ANKARA 0531
RUEHBM/AMEMBASSY BUCHAREST 1093
RUEHUJA/AMEMBASSY ABUJA 0078
RUEHRB/AMEMBASSY RABAT 1129
RUEHSF/AMEMBASSY SOFIA 0400
RUEHWR/AMEMBASSY WARSAW 1964
RUEHPF/AMEMBASSY PHNOM PENH 0058
RUEHJL/AMEMBASSY BANJUL 0059
RUEHKH/AMEMBASSY KHARTOUM 0020
RUEHMU/AMEMBASSY MANAGUA 0083
RUEHBO/AMEMBASSY BOGOTA 1629
RUEHQT/AMEMBASSY QUITO 0530
RUEHSB/AMEMBASSY HARARE 0050
RUEHNR/AMEMBASSY NAIROBI 0376
RUEHVN/AMEMBASSY VIENTIANE 0117
RUEHTU/AMEMBASSY TUNIS 0245
RUEHAO/AMCONSUL CURACAO 0202
RUEHAT/AMCONSUL AMSTERDAM 0444

UNCLAS SECTION 01 OF 16 THE HAGUE 000453 
 
SIPDIS 
 
SENSITIVE 
 
SIPDIS 
 
STATE FOR G/TIP, G, INL, DRL, DRL/IL, PRM, IWI, EUR/PGI, 
EUR/UBI 
ALSO FOR INL/HSTC 
STATE PASS TO USAID 
 
E.O. 12958: N/A 
TAGS: KCRM PHUM KWMN ELAB SMIG ASEC KFRD PREF NL
SUBJECT: EMBASSY THE HAGUE SUBMISSION FOR SIXTH ANNUAL TIP 
REPORT 
 
REF: (A) STATE 3836; (B) THE HAGUE 334; (C) THE HAGUE 399 
 
THE HAGUE 00000453  001.2 OF 016 
 
 
THIS CABLE CONTAINS SENSITIVE BUT UNCLASSIFIED INFORMATION. 
PLEASE HANDLE ACCORDINGLY. 
 
¶1. (U) This cable responds to reftel A's request for input 
for the 2006 TIP report.  Part One summarizes key 
developments during the past year and Part Two responds to 
the questions in paragraphs 21 - 24 of reftel A. 
Preparation time is about 170 hours (FSN - 110; FS-04 - 30; 
FS-02 - 30 hours). 
 
¶2. (U) Embassy's points of contact are Bryan Olthof and 
Mieke Gronheid in the Global Issues Section.  They can be 
reached by phone at 31-70-310-2247 and 2269, or via email at 
olthofbx@state.gov and gronheidmc@state.gov. 
 
---------------- 
Part 1 - Summary 
---------------- 
 
¶3. (SBU) The Dutch government, at all levels, takes the 
fight against human trafficking (TIP) seriously, and has 
demonstrated the political will to address the problem.  In 
the past year, the government continued to implement the 
2004 National TIP Action Plan.  During 2005 and early 2006, 
there were several key developments in public outreach, law 
enforcement, and victim protecion: 
 
Public Outreach: 
 
The Dutch government launched a national outreach campaign 
January 12, 2006 to counter trafficking in persons in the 
prostitution sector (reftel B).  The multimedia campaign is 
designed to increase awareness of the trafficking problem, 
and educate the public on how to identify potential victims 
and report them to the authorities.  The campaign is funded 
by the Justice Ministry and managed by the Dutch anonymous 
crime-reporting hotline, Meld M.  The campaign is targeted 
primarily at prostitutes and their clients. 
 
In June 2005, Justice Minister Donner sent a message to a 
wide array of government and civil society organizations, 
highlighting the expanded Dutch definition of trafficking 
and stressing the importance the government placed on 
combating trafficking.   In addition,the MFA instructed 
Dutch embassies to be alert for potential TIP victims. 
 
Law Enforcement: 
 
The National Expertise Center on People Trafficking and 
Smuggling (EMM) opened on May 18, 2005, bringing together 
officers from regional, national, and military police, as 
well as the Social Information and Investigation Service, 
and the Immigration and Naturalization Service (reftel C). 
The Expertise Center serves as a national resource center 
for TIP investigations and prosecutions and provides 
training to regional police and government officials 
involved in combating TIP.  Its staff focuses on the most 
complex trafficking and smuggling cases, and in particular, 
 
THE HAGUE 00000453  002.2 OF 016 
 
 
is developing a test case to prosecute trafficking for labor 
exploitation, a new area of Dutch trafficking law.  It is 
the first such interagency center established in response to 
the Biennial National Crime Threat Assessment, which 
identified six priorities for combating organized crime. 
 
In September 2005, the Justice Ministry signed a covenant 
with Dutch newspaper associations committing parties to 
prevent advertising by unregistered escort services.  Under 
the agreement, newspapers require escort services to include 
their business license or VAT number in ads for sexual 
services.  This requirement is intended to restrict the 
operation of the most difficult to monitor sectors of the 
prostitution industry. 
 
New Dutch TIP legislation became effective in January 2005, 
bringing Dutch law into accordance with UN and EU TIP 
standards by expanding the definition of people trafficking 
to include trafficking for the purposes of labor 
exploitation, and raising penalties for violations. 
 
Victim Protection: 
 
As of April 13, 2005, TIP victims having B-9 residency 
status have been allowed to work.  B-9 status allows TIP 
victims that assist in the investigation and prosecution of 
traffickers to remain in the country until the conclusion of 
the judicial process. 
 
The Ministry of Justice research bureau is conducting a 
national assessment of the prostitution sector, including 
the extent of TIP, as part of a report to Parliament on the 
impact of the lifting of the ban on brothels; the report 
will be submitted by the end of 2006.  The Amsterdam city 
government is considering a proposal to conduct a local 
assessment of the prostitution sector. 
 
------------------ 
Part 2 - CHECKLIST 
------------------ 
-------- 
OVERVIEW 
-------- 
 
¶A.  The Netherlands is both a destination and transit 
country for international trafficking in persons (TIP), 
mostly women and girls for the purpose of sexual 
exploitation.  Trafficking victims are also "recruited" 
internally by so-called "lover boys," young men living in 
the Netherlands, who seduce young, women and girls, mostly 
from immigrant families, and force them into prostitution. 
 
There are no recent comprehensive, analytical studies of the 
extent of trafficking in the Netherlands.  The most recent 
study, conducted in 2000, estimated between 20,000-25,000 
prostitutes worked in the country, of whom at least 3,500 
were trafficking victims.  As part of a second report to 
Parliament on the impact of the lifting of the ban on 
brothels, the Ministry of Justice research bureau is 
conducting an assessment of the prostitution sector, 
 
THE HAGUE 00000453  003.2 OF 016 
 
 
including an estimate of the number of women in prostitution 
and of the number of women trafficked into prostitution. The 
report will also examine the adequacy of municipal policies 
to regulate the sector, and the social position of 
prostitutes.  The report will be issued at the end of 2006. 
Amsterdam's city council is considering a proposal that the 
city government conduct its own assessment of the 
prostitution sector in Amsterdam, to determine whether 
additional measures are needed to regulate the sector.  This 
study would provide an updated estimate of the scope of the 
trafficking problem in Amsterdam. 
 
The Dutch Foundation against Trafficking in Women (STV), 
designated in the National TIP Action Plan as the national 
reporting center for registration of and assistance to TIP 
victims in the Netherlands, registered 405 TIP victims in 
2004, and 252 victims in the first eight months of 2005. 
Final 2005 figures are expected by the end of March.  Of the 
252 victims registered in Jan.-Aug. 2005, all were female. 
The top five countries of origin were the Netherlands (55), 
Bulgaria (28), Nigeria (17), Romania (13) and Poland (12). 
21 of the victims were under 18, and 30 were internal 
"loverboy" victims, of whom 29 were Dutch nationals and one 
was Hungarian.  Four of the victims registered by STV in 
2005 were reportedly victims of labor exploitation, three as 
au pairs, and one in the hotel/restaurant/bar sector.  139 
of the 252 victims registered in 2005 were identified and 
referred to the STV by the police. 
 
¶B.  According to NGOs, the National Rapporteur for 
Trafficking in Persons (NRM) and police, nearly all 
trafficked women work in unregulated prostitution, as 
escorts or streetwalkers.  No statistical evidence is 
available so far on the extent of labor trafficking in the 
Netherlands; there is anecdotal evidence suggesting that 
some such trafficking does occur.   The Rapporteur's fifth 
report, expected in early summer 2006, will examine the 
extent of other forms of trafficking, including labor 
exploitation.  The National Expertise Center on People 
Trafficking and Smuggling is currently investigating a test 
case to prosecute trafficking for labor exploitation. 
 
The STV reported a significant increase in the number of 
Nigerian victims registered in 2005.  In February 2006, 
Justice Minister Donner informed Parliament that he had 
ordered an investigation into recent reports of trafficking 
of Somali children, often war orphans, into the Netherlands 
on false passports.  The trafficking apparently is intended 
to enable adults to claim government allowances for children 
and other social benefits. 
 
The Dutch government takes the fight against TIP seriously 
and has demonstrated the political will to address the 
problem.  In February 2006, the Cabinet approved the Justice 
Ministry's report assessing progress on implementation of 
the December 2004 National TIP Action Plan.  The Cabinet 
also adopted additional measures to be implemented during 
2006, including: 
 
- Providing additional information to civil society 
 
THE HAGUE 00000453  004.2 OF 016 
 
 
  organizations and the police to help them make an early 
  identification of TIP victims; 
- Better monitoring of youth prostitution, including the 
  establishment of a central registration system to 
  identify "lover boy" victims and youth prostituted; and 
- Issuance of temporary residence permits to victims who do 
  not want to file a complaint but are willing to assist in 
  the investigation against traffickers.  Currently, only 
  victims who file a complaint against a pimp or trafficker 
  are eligible for B-9 visas. 
 
In the letter transmitting the report to Parliament for 
review, Minister Donner emphasized that TIP is one of the 
GONL's six priority areas for combating organized crime.  He 
noted that in mid-March 2006, the public prosecutor's office 
would publish a monitoring report with an overview of the 
results of the Dutch fight against these six forms 
of organized crime, including TIP. 
 
According to the 2005 Rapporteur's report, violence, or the 
threat of violence, against victims or their families plays 
an important role in coercing victims into prostitution. 
Other means of coercion include keeping victims under 
surveillance or locking them up, confiscating their 
passports, imposing fictitious debts, and tattooing. 
According to the Rapporteur, victims are coerced to work in 
prostitution inside and outside the Netherlands.  Criminal 
networks are often involved in international trafficking 
cases in the Netherlands, while those involved in domestic 
trafficking ("lover boys") are generally freelancers.  About 
one-third of victims identified and reported by the police 
had false passports.  The Rapporteur identified several 
particularly vulnerable groups, including underage girls and 
young women of Moroccan and Turkish descent (mostly "lover 
boy" victims), underage asylum seekers, women with a 
dependent residence status ("pseudo marriage"), and women 
recruited in Africa. 
 
¶C.  The GONL has sufficient resources and political support 
to address the problem.  There is adequate police funding. 
Fighting trafficking is one of the six priorities for the 
National Crime Squad and the public prosecutor's office. 
The government funds the STV and the National Rapporteur's 
office.  Local governments fund shelters, victim protection 
programs and education programs. 
 
There is no evidence of government officials' involvement in 
or tolerance of trafficking activities, nor are there any 
other reports of corruption in this area. 
 
¶D. The autonomous National Rapporteur for Trafficking in 
Persons monitors the government's anti-trafficking efforts. 
The Rapporteur, established in 2000, collects and analyzes 
statistics on prosecutions, prevention and victim protection 
efforts.  The Rapporteur's report is widely available, 
including on the Justice Ministry website, and is discussed 
in Parliament.  The Rapporteur's fourth report was published 
in July 2005, and the fifth report is expected in early 
Summer 2006. 
 
 
THE HAGUE 00000453  005.2 OF 016 
 
 
In addition to the Rapporteur, an interagency committee 
comprised of Ministries of Justice, Foreign Affairs, 
Defense, Health and Welfare, and Social Affairs and 
Employment meets regularly to assess government efforts to 
counter trafficking. 
 
---------- 
Prevention 
---------- 
 
¶A.  The Dutch government recognizes that trafficking is a 
serious problem in the Netherlands, and has made combating 
TIP a high priority. 
 
¶B.  The Ministries of Justice, Internal Affairs, Foreign 
Affairs, Defense, Health and Welfare, and Social Affairs and 
Employment, and the National Rapporteur are involved in anti- 
TIP efforts. In addition, the national (KLDF), regional and 
military (KMAR) police, the prosecutor's office and the 
Immigration and Naturalization Service play an important 
role.  The Justice Ministry has the lead in the government's 
anti-trafficking efforts. 
 
¶C.  The Dutch government launched a national outreach 
campaign on January 12, 2006 to counter trafficking in 
persons in the prostitution sector.  The campaign is funded 
by the Justice Ministry and managed by the Dutch anonymous 
crime reporting hotline Meld Misdaad Anoniem, or Meld M (the 
Dutch member of Crimestoppers International).  The campaign 
is targeted at the clients of prostitutes and prostitutes 
themselves, as well as local residents, shopkeepers and taxi- 
drivers in areas where prostitutes commonly work.  The 
campaign is designed to promote awareness among these groups 
of the warning signs of trafficking and sexual exploitation, 
and encourage individuals to inform the police or the 
anonymous crime hotline if they observe anything suspicious. 
In the first 6 weeks of 2006, the hotline received 23 tips 
of (alleged) forced prostitution, compared to 52 in all of 
¶2005.  In 2006, the Justice Ministry plans to assess the 
need for additional anti-TIP awareness campaigns, in 
particular campaigns targeting victims of labor 
exploitation.  The Ministry will consult with organizations 
of employers and workers to design and implement such a 
plan. 
 
In September 2005, the Justice Ministry signed a covenant 
with the Dutch newspaper association committing newspapers 
to require escort services to include their business license 
or VAT numbers in ads for sexual services.  This ensures 
that only licensed and regulated escort services can 
advertise in newspapers.  It should also improve the 
police's ability to monitor conditions in the very mobile 
and unregulated escort sector.  The agreement, which went 
into effect in October 2005, will be evaluated in the first 
half of 2006 to determine whether it can be expanded to 
regional media and Internet advertising. 
 
In June 2005, Justice Minister Donner sent a message to a 
wide array of government and civil society organizations in 
the Netherlands, highlighting the expanded Dutch definition 
 
THE HAGUE 00000453  006.2 OF 016 
 
 
of trafficking and stressing the importance the government 
placed on combating trafficking.  The message was also sent 
to Dutch Embassies and Consulates in source countries, 
reminding consular officials of their responsibility to 
screen for potential TIP victims.  Attached to the letter 
was a checklist used by the Dutch police to help them 
identify possible TIP victims, and a checklist for permanent 
residence drafted by the STV, which includes a special 
section on reintegration.  Donner identified TIP as one of 
the most serious crimes in the Dutch Criminal Code, and 
urged all experts in the field of fighting TIP to report 
possible signs of "slavery-like exploitation, not only in 
prostitution, but also in the economic and private sectors" 
to the Expertise Center or to the STV. 
 
¶D.  The Dutch government supports domestic and foreign 
programs promoting the empowerment of women.  Dutch 
embassies in TIP victims' countries of origin work with 
foreign NGOs and the International Organization for 
Migration (IOM) to alert women who are potential victims of 
trafficking.  Moreover, the Dutch government attempts to 
prevent trafficking by carrying out projects that aim to 
foster economic self-reliance among women in developing 
countries with which the Netherlands has bilateral 
assistance programs.  "Gender mainstreaming" is an important 
aspect of Dutch foreign policy. 
 
In June 2005, the Foreign Ministry sent an instruction memo 
on TIP awareness and prevention to Dutch embassies in 
significant TIP origin or destination countries.  The memo 
reminded diplomatic and consular officials of their 
responsibility to help prevent TIP and alerted them to the 
revision of Dutch law to include trafficking for labor 
exploitation as a TIP offence.  The checklist developed by 
the Dutch police on how to identify possible TIP victims, 
and draft guidelines on reintegration of TIP victims were 
included as attachments.  The reintegration guidelines were 
provided to assist officials identify appropriate local anti- 
TIP and TIP victim repatriation projects for potential Dutch 
government support. 
 
In 2005, the Netherlands and Aruba signed a protocol to 
improve procedures for the admission of aliens.  The 
protocol is intended to restrict the admission of women 
traveling to work as dancers.  In 2005, the Justice Ministry 
contributed 128,000 euros to a Netherlands Antilles-specific 
TIP prevention capacity-building program through 
IOM/CIM/OAS.  In 2006, The Dutch plan to contribute an 
additional 32,000 euros to the Antilles program, which began 
in 2004. 
 
Between 2004 and 2006, the Dutch Foreign Ministry is 
spending roughly 16.5 million euros to fund anti-trafficking 
programs in other countries.  Through its development 
cooperation budget, the MFA is providing 7 million euros to 
fund human trafficking programs in the Balkans, Colombia, 
the former Soviet republics, Nigeria, Morocco, Laos and 
Zimbabwe, in addition to supporting various regional 
programs.  Between 2004-2006, it is providing 3.1 million 
euros to combat the sexual exploitation of children and 
 
THE HAGUE 00000453  007.2 OF 016 
 
 
child prostitution in Asia, Ecuador, Kenya, Nicaragua, and 
Zimbabwe.  It is also providing 6.4 million euros during 
that period to support efforts to prevent child labor around 
the world. 
 
In the Netherlands, education is compulsory for boys and 
girls between the ages of 5 and 16.  Enrollment in education 
programs beyond age 16 has risen in recent years, especially 
among young women. 
 
During 2005, the government continued to support information 
and education campaigns at schools to prevent youth 
prostitution and warn students against "lover boy" 
practices, in which young women are lured into prostitution. 
The Amsterdam-based "Scarlet Cord" organization gives 
prevention lessons in schools throughout the country as part 
of its "Beware of Lover Boys" project.  Since 2005, the 
Amsterdam municipal government funds the program at 23 
schools in Amsterdam.  Other cities, including The Hague, 
Rotterdam, Zwolle and Eindhoven fund similar prevention 
classes.  Utrecht finances the "Pretty Woman" project for 50 
vulnerable girls per year.  In 2005, the national government 
funded the production of a video for MTV's young audience 
and a rap song warning girls about "lov'r boys." 
 
The National Information Desk for Youth Prostitution, 
established in February 2005, published a list of local 
government "best practices" for fighting youth prostitution 
and "lover boys" (www.jeugdprostitutie.nu).  By December 
2006, the Information Desk will have developed "early 
identification" guidelines on how to act in possible cases 
of youth prostitution.   In October 2005, ECPAT Nederland 
trained police TIP experts on how to identify underage TIP 
victims.  The STV currently is investigating the possibility 
of setting up a central registration system for youth 
prostitutes.  The Justice Ministry's second evaluation of 
the lifting of the ban on brothels will include a study of 
youth prostitution. 
 
The Health Ministry funded the development and distribution 
to all local governments of an information brochure on how 
to develop a coherent assistance program for prostitutes 
"stepping out," or transitioning out of prostitution 
(www.uitdeprostitutie.nl).  The Social Affairs Ministry 
subsidizes the "Working Together" project developed by 
"Bonded Labor Netherlands" (BlinN - a joint initiative of 
NGOs Humanitas and Novib (Oxfam Nederland)), which includes 
training modules and best practices for helping TIP victims 
find jobs.  In partnership with the Association of Dutch 
Municipalities (VNG) and the STV, BlinN initiated 
reintegration projects for TIP victims in Amsterdam, 
Rotterdam, and Utrecht.  The Social Affairs Ministry also 
subsidizes a stepping-out program developed by the "Scarlet 
Cord" to provide re-socialization and psychosocial support 
for former prostitutes.  In addition, the government 
continues to fund outreach to national and foreign sex 
workers (including potential TIP victims), encouraging them 
to escape dependency on pimps and traffickers. 
 
Dutch prosecutors also have provided training in several TIP- 
 
THE HAGUE 00000453  008.2 OF 016 
 
 
victim source countries, primarily in Eastern Europe.  Dutch 
consular officers are trained to screen for potential TIP 
victims. 
 
The Dutch military personnel serving on PKO missions are 
prohibited from using prostitution services. 
 
¶F.  There is a close and cooperative working relationship 
among local, provincial and national government officials, 
NGOs and other civil society organizations involved in 
trafficking issues.  The national and local governments 
subsidize TIP NGOs throughout the country, providing a 
significant portion of their budgetary resources. 
 
¶G.  Dutch law enforcement agencies, including the national 
police (KLDP), the military police (KMAR) responsible for 
border enforcement, and the Immigration and Naturalization 
Service (IND) are actively engaged in identifying potential 
TIP victims at air and sea ports and within the national 
territory.  Under the EU's Schengen Treaty, the Netherlands 
has dropped border controls on the movement of people across 
land borders and does not conduct immigration checks on EU 
citizens arriving at air and sea ports.  The Netherlands's 
central geographic location and major air and seaports make 
it a significant destination and transit point for 
passengers arriving from within and outside the EU.  The 
KMAR and the IND monitor arriving and transiting passengers 
at Schiphol airport, the main international airport in the 
Netherlands.  The IND monitors immigration patterns, 
including applications for temporary and permanent residence 
by individuals present in the country, for evidence of 
trafficking.  The KMAR has a dedicated undercover unit, 
known as the Sluisteam, at Schiphol Airport to identify and 
intercept potentially trafficked or smuggled individuals 
entering or transiting the Netherlands, and to arrest the 
traffickers and smugglers.  The Sluisteam compiles extensive 
information on techniques used by smugglers and traffickers 
and the networks of individuals involved.  This information 
is used to identify future victims and prosecuted the 
perpetrators.  The Sluisteam works closely with IND and the 
Expertise Center. 
 
¶H.  The Netherlands has an interdepartmental working-group 
on TIP comprised of experts from the Ministries of Foreign 
Affairs, Interior, Justice, Health and Welfare, and Social 
and Employment Affairs.  The Rapporteur, the designated 
coordinator for all TIP issues also acts as a mechanism for 
coordination and communication.  The Netherlands has a 
public corruption task force. 
 
¶J.  With Cabinet endorsement, the Justice Ministry adopted 
the first National TIP Action Plan in December 2004.  The 
plan was prepared in consultation with government agencies, 
law enforcement officials, NGOs, and other stakeholders.  It 
identifies the ministries and NGOs responsible for 
implementing specific measures and sets target dates for 
completed action.  The action plan is posted on the website 
of the Justice Ministry (www.minjus.nl).  The published 
version was also widely distributed to all governmental and 
civil society organizations involved in combating TIP.  In 
 
THE HAGUE 00000453  009.2 OF 016 
 
 
February 2006, Justice Minister Donner sent Parliament an 
evaluation of implementation of the TIP Action Plan, with 
proposals for additional measures (see Overview, B). 
 
-------------------------------------------- 
Investigation and Prosecution of Traffickers 
-------------------------------------------- 
 
¶A.  On January 1, 2005, Article 273A of the Dutch Criminal 
Code became effective, expanding the definition of TIP to 
include trafficking for labor exploitation, as well as for 
prostitution.  The Article brings Dutch TIP law into 
accordance with the Trafficking Protocol of the UN 
Convention Against Transnational Organized Crime and the EU 
Framework Decision on Trafficking in Persons.  It defines 
exploitation as "exploitation of another in prostitution, 
other forms of sexual exploitation, forced or compulsory 
labor or services, slavery and practices that can be 
compared to slavery or bondage."  Exploitation of minors 
(under the age of 18) is always punishable, even if there is 
no coercion.  The Article covers both internal and external 
(transnational) forms of trafficking. 
 
In addition to the anti-trafficking law, the Netherlands has 
national legislation penalizing slave trade and abduction. 
There are strict labor laws and adequate civil forfeiture 
legislation.  Taken together, these laws are adequate to 
cover the full scope of trafficking in persons. 
 
¶B.  The new Article raises the maximum penalty for all types 
of trafficking to 12 years in case of serious physical 
injury and 15 years in case of death, and/or a fine of up to 
45,000 euros.  These penalties are commensurate with 
penalties for other grave crimes. 
 
¶C.  The penalty for rape is imprisonment not exceeding 12 
years and/or a fine (15 years in the case of death).  The 
penalty for anyone compelling "another person to commit or 
submit to an indecent act" is imprisonment not exceeding 8 
years and/or a fine; 12 years in the case of serious 
physical injury, and 15 in the case of death). 
 
¶D.  Prostitution for individuals 18 years of age and older 
is legal and regulated.  The general ban on brothels was 
lifted in 2000 as a means to fight trafficking in persons. 
The Justice Ministry, the National Rapporteur and police 
maintain that the strict controls and licensing requirements 
for brothels have virtually eliminated the presence of TIP 
victims in the regulated brothel sector.  They argue that 
the controls have resulted in greater transparency and have 
improved the ability of the police to identify and assist 
potential trafficking victims.  The government has used 
administrative sanctions to shut down brothels not in 
compliance with the law's requirements.  In addition, the 
Public Administration Integrity Act (BIBOB) enables local 
governments to deny licenses to suspect companies.  Local 
governments are responsible for establishing and enforcing 
policies for the regulation of prostitution and for 
conducting routine police inspections of brothels. 
 
 
THE HAGUE 00000453  010.2 OF 016 
 
 
There is anecdotal evidence that prostitutes, especially TIP 
victims, have shifted to the unregulated and less visible 
prostitution sector, particularly escort services.  Minister 
Donner has attributed this shift to autonomous developments, 
such as increased use of the Internet and mobile phones, as 
well as to the increased regulation of brothels following 
the lifting of the ban on brothels.  The second report on 
the lifting of the ban will examine the situation in the 
unregulated sectors and assess the need for additional laws 
to prevent trafficking. 
 
In September 2005, two Amsterdam city council members 
submitted a number of recommendations to the city council to 
improve regulation of the escort sector in order to prevent 
TIP.  In particular, they proposed the introduction of a 
licensing system for escort services.  In February 2006, the 
Amsterdam city council directed that the municipal 
government assess the conditions in the prostitution sector 
in the city to determine whether the city's existing 
prostitution policies were adequate or needed strengthening. 
The council noted that this assessment was needed in light 
of increasing reports of crime and possible coercion and 
trafficking among Amsterdam prostitutes. 
 
The criminal code does not penalize clients of prostitutes; 
however, knowingly hiring an underage prostitute is a 
criminal offense. 
 
The Dutch government prohibits its military personnel 
serving on PKO missions from using prostitution services. In 
February 2006, two Army officers who allegedly solicited the 
services of a prostitute in the Netherlands were placed on 
inactive duty and may be discharged from the Army if found 
guilty. 
 
¶E.  The government actively investigates and prosecutes 
traffickers.  There is a designated National TIP prosecutor; 
each of the 19 regional prosecutor's offices also has a 
specialized TIP prosecutor.  According to figures provided 
by the National Rapporteur and the National TIP Prosecutor, 
in 2004 the police completed investigations on 220 suspected 
traffickers and referred them to the public prosecutor's 
office for prosecution; police investigations were completed 
on 155 suspects in 2003.  The public prosecutor's office 
tried 253 suspects in 2004, compared with 174 in 2003. 
Verdicts were handed down in 153 cases in 2004, 136 of which 
were convictions (compared to 117 cases with 108 convictions 
in 2003). 
 
Figures on police investigations, prosecutions and 
convictions during 2005 are not yet available; they are 
expected to be available in June 2006.  The Dutch judicial 
system is decentralized.  Under this system, data on 
investigations and prosecutions is maintained at the 
regional level and entered into the Justice Ministry's 
central database at irregular intervals throughout the year. 
Complete data for all regions is generally not available 
until mid-way through the following calendar year.  The 
Rapporteur, designated as the responsible official for the 
collection and analysis of statistics on the investigation 
 
THE HAGUE 00000453  011.2 OF 016 
 
 
and prosecution of TIP crimes, has strongly opposed public 
release of such data prior to the submission of her annual 
report to Parliament. 
 
Full data on sentences imposed on traffickers convicted in 
2004 and 2005 are not yet available.  In one case completed 
in 2005, a district court imposed prison sentences of 
between five and ten years on four suspects convicted of 
having kidnapped, raped, and trafficked three African asylum 
seekers.  In October, the same court sentenced the primary 
suspect in that case, who was also found guilty of leading a 
criminal organization, to 14 years imprisonment.     In the 
Netherlands, two-thirds of a sentence is usually served, 
except for very serious forms of crime; in such cases, the 
entire sentence is served.  The Netherlands does not have a 
plea bargaining system. 
 
Of the 220 suspects investigated in 2004, 82 percent were 
male.  The majority of the suspects (92) were from the 
Netherlands, followed by Turkey (24), Romania (23) and 
Bulgaria (14).  Four of the suspects were minors.  In 14 
percent of the cases, an underage victim was involved.  In 
80 percent of the cases, TIP was the only or most serious 
crime.  In the other cases, other crimes were involved as 
well, usually sexual violence, or other forms of violence. 
 
¶F.  Criminal networks are often involved in international 
trafficking cases in the Netherlands, while those involved 
in domestic trafficking are generally freelancers.  Data 
compiled by the Rapporteur, police and prosecutors indicate 
that traffickers involved in cross-border trafficking are 
generally part of loosely organized criminal networks that 
operate throughout Europe.  There is no evidence to suggest 
that government officials are involved in trafficking. 
Little data is available on the destination of the profits 
from trafficking.  The Rapporteur's fifth report, to be 
issued in summer 2006, will focus on financial 
investigations. 
 
¶G.  The Dutch Justice Ministry, public prosecutors and the 
police actively investigate trafficking cases.  The police 
use the full array of investigative tools available to them: 
electronic surveillance, telephone taps, undercover agents 
and sting operations.  According to the police, Dutch law 
allows mitigated punishment for cooperating suspects only in 
highly exceptional cases, but not in trafficking cases.  Use 
of criminal informants is not allowed in the Netherlands, 
except in terrorism cases.  All 25 regional police forces 
have established units with special expertise to investigate 
trafficking in persons.  KMAR's Sluisteam conducts 
undercover surveillance on arriving and departing passengers 
at Schiphol airport to identify potential traffickers and 
smugglers. 
 
On May 18, 2005, the National Crime Squad's Expertise Center 
for People Trafficking/Smuggling (EMM) became operational. 
The Expertise Center brings together experts from the KLPD 
national police criminal investigation service, the KMAR 
military police, regional police forces, the Immigration and 
Naturalization Service (IND) and the Social Information and 
 
THE HAGUE 00000453  012.2 OF 016 
 
 
Investigation Service (SIOD), who use a variety of 
investigative tools, including statistical analysis and 
financial investigations to investigate and prosecute 
traffickers.  The Center also serves as a national resource 
center for TIP investigations and prosecutions.  The 
National TIP Prosecutor supervises investigations conducted 
by the Expertise Center. 
 
¶H.  The government provides training and guidance for police 
and government officials on how to recognize, investigate 
and prosecute cases of trafficking.  The Expertise Center 
provides training for regional police, government officials 
and NGOs involved in implementing anti-TIP program.  In 
addition, training on how to recognize potential trafficking 
is now being provided to inspectors of the Social Affairs 
and Employment Ministry's Labor Inspection and Social 
Investigation Service.  In December 2005, the Judiciary 
Council and the STV trained 37 attorneys planning to 
specialize in legal assistance to TIP victims; another 37 
will be trained in 2006. 
 
In addition, there is a TIP curriculum included in the 
standard police training, including the training provided to 
the military and immigration officers.  A special TIP module 
was developed for the regional vice police, who are tasked 
with conducting routine inspections of brothels.  Similar 
training is provided for public prosecutors and defense 
attorneys. 
 
The Council of Attorneys-General, which supervises the 
operation of the national and regional prosecutors offices, 
will reissue the Instruction providing guidance on the 
procedures for investigating and prosecuting TIP cases in 
March 2006.  The new Instruction, will supercede the TIP 
instruction issued in 2000, and will include a special focus 
on trafficking for labor exploitation and on underage 
victims.  A member of the Council chairs regular meetings of 
regional and national TIP prosecutors. 
 
¶I.  The Dutch government cooperates with other governments 
and international organizations on TIP investigations.  In 
cooperation with other EU member states and Europol, the 
Dutch proposed a pilot project to establish a Joint 
Investigation Team (JIT) to target Bulgarian traffickers and 
develop "best practices" for operations of future joint 
teams.  Due to delays in the implementation of national 
legislation in some member states, the JIT has not yet begun 
operations. 
 
In January 2006, the Foreign and Justice Ministries approved 
an IOM project proposal designed to raise awareness on TIP 
among judicial authorities in new EU member countries.  The 
MFA anticipates that the project will be accepted by 
European Commission under the Agis program, a framework 
program that promotes cooperation among police, judicial and 
other law enforcement agencies throughout Europe.  In 
January 2006, the Justice Ministry participated in a seminar 
on international crime, including TIP, organized by the 
EuroMed Justice Program for the Mediterranean region. 
 
 
THE HAGUE 00000453  013.2 OF 016 
 
 
Under the PHARE Program for new EU members, the Netherlands 
is working with the UK to assist the Czech Republic combat 
TIP.  In 2005, the TIP Expertise Center trained Bulgarian 
and Romanian law enforcers, and was invited to train 
Slovakian specialists.  The Expertise Center currently 
involved in two international TIP investigations; details 
are not available. 
 
¶J.  The Netherlands extradites persons, including Dutch 
nationals charged with trafficking, as long as there is a 
bilateral extradition treaty with the requesting country. 
No such extradition requests, however, have been received in 
recent years. 
 
¶K.  There is no evidence of government involvement in or 
tolerance of trafficking, at either the national or local 
level. 
 
¶L.  Not applicable. 
 
¶M.  Since October 2002, the Public Morality Act penalizes 
Dutch nationals who abuse minor children in foreign 
countries, even if the offense is not a crime in the country 
where it takes place.  From October 2002 through December 
2004, 31 such cases were prosecuted.  In May 2005, the 
district court in Arnhem convicted a group five men who had 
organized tours to Tunisia for sex with minors.  In addition 
to crimes against morals offenses, the men were convicted of 
participating in a criminal organization; this was the first 
time child sex tour organizers were convicted of being 
members of a criminal organization.  They received sentences 
of between one and three and a half years in prison. 
 
The Code of Conduct developed by ECPAT Nederlands to protect 
children from sexual exploitation and signed by the Dutch 
Association of Tour Operators (ANVR) in 1996 remains in 
effect.  ECPAT also provides training and fact sheets on 
destinations at risk for child sex tourism for travel 
agencies.  The Foreign Ministry website includes travel 
information warning travelers that sex with children is 
prosecutable in the country of destination as well as in the 
Netherlands.  The government supports projects aimed at 
training of the tourism industry and the police in 
destination countries.  A project is currently being 
conducted in the Gambia; a project in Cambodia will be 
initiated in 2006.  Between 2004 and 2006, the Foreign 
Ministry is providing 3.1 million euros to a number of 
international programs combating child prostitution.  (see 
Prevention, D above). 
 
¶N.  The Netherlands has ratified ILO conventions 182, 29 and 
105, the Optional Protocol on the Sale of Children, and the 
Trafficking Protocol to the UN Convention Against 
Transnational Organized Crime. 
 
------------------------------------ 
Protection and Assistance to Victims 
------------------------------------ 
 
¶A.  The government provides a temporary residence mechanism 
 
THE HAGUE 00000453  014.4 OF 016 
 
 
(known as a B-9 visa) to allow a TIP victim ("at the mere 
suspicion of trafficking") three months to consider pressing 
charges.  If the victim does press charges, he/she is 
allowed to stay in the Netherlands legally until the legal 
process has been completed.  During this period, the victim 
receives legal, financial and psychological assistance, 
including safe shelter, medical check-ups and social 
security benefits.  The B-9 visa is also available to 
witnesses who are willing to testify for the prosecution in 
trafficking cases.  B-9 status also applies to victims who 
are not willing to press charges, but who are otherwise 
willing to cooperate in investigations, and to victims who 
have not yet been put to work in the Netherlands.  In April 
2005, the B-9 regulations were revised to allow TIP victims 
on B-9 status to work or attend training.  Police and 
immigration officials routinely inform potential TIP victims 
about the availability of the B-9 mechanism.  Information on 
the number of TIP victims and witnesses who applied for and 
received B-9 status in 2004 and 2005 is expected to be 
available by April. 
 
In 2005, the STV launched a special website for all 
stakeholders and experts involved in victim support 
(www.mensenhandel.nl).  The site gives extensive information 
about, among other things, the B-9 regulations (www.B9- 
regeling.nl), legal procedures, and possibilities for a safe 
return to victims' home countries.  A committee representing 
the STV, the Justice and Foreign Ministries, the Association 
of Dutch Municipalities, BlinN/Humanitas, attorneys and 
prosecutors, and the Council for Legal Assistance maintains 
the site.  In September 2005, the STV published a manual for 
all stakeholders with practical information about victim 
support.  The manual is available on STV's website. 
 
If a victim decides not to press charges after the three- 
month period, he or she must return to the country of 
origin.  However, victims may request a permanent residence 
permit on humanitarian grounds.  Information is provided to 
TIP victims, whether or not they are willing to press 
charges, informing them that they may apply for a residence 
permit if they believe there are risks associated with 
repatriation.  Such requests are evaluated on the basis of 
information provided by Dutch Embassies as well as the 
identification list used by the police.  The Foreign 
Ministry is developing a dossier system with information 
about victim's safety in the country of return.  Such 
assessments have been finalized for the Ukraine, Bulgaria 
and Romania; one on Russia is under development. 
 
¶B.  The Ministries of Health, Welfare and Sport (VWS) and of 
Justice subsidize the STV (500,000 euros annually) and fund 
numerous specific programs and projects in which STV and 
other NGOs participate.  Under STV coordination, 15 regional 
and local networks have been set up, through which civil 
society organizations (and the police) provide services for 
TIP victims who cooperate.  Local governments fund most 
private organizations and NGOs that provide services to TIP 
victims.  Several organizations have established special 
projects to help underage TIP victims; some of these are the 
Christian "Scarlet Cord" organization working in Amsterdam's 
 
THE HAGUE 00000453  015.2 OF 016 
 
 
red-light district, "Asja" in Leeuwarden, the "lover boy" 
project in Zwolle, "Pretty Woman" in Utrecht, and 
Prostitution and Social Work (PSW) in Rotterdam.  The 
government also subsidizes projects by Bonded Labor 
Netherlands (BlinN) 
 
C-D.  As soon as the police have any suspicion of 
trafficking, they are required to inform victims of their 
eligibility for B-9 status.  Victims are given three months 
to decide whether or not they wish to press charges; during 
this reflection time, victims are not detained, jailed or 
deported.  During those three months and subsequent criminal 
proceedings, the victim (whether legally or illegally 
resident in The Netherlands or of Dutch, EU or third country 
nationality) has access to shelters and social services and 
is permitted to work.  The victim is granted a temporary 
residence permit for the duration of the criminal 
proceedings.  Trafficking victims are not fined or 
prosecuted for violations of immigration laws. 
 
¶E.  The government encourages victims to press criminal 
charges against their traffickers and to assist in the 
investigation and prosecution.  The government also 
endeavors to provide victims and witnesses the best possible 
protection.  Nevertheless, victims are often reluctant to 
press charges, due to fear of being harmed by their 
traffickers.  According to the STV, more than 45 percent of 
the 405 victims registered in 2004 pressed charges.  Police 
and prosecutors have been trained to inform victims about 
their rights, social services, the legal process, etc. 
 
According to the national TIP prosecutor, TIP victims can 
file a civil action in the Netherlands for simple damages in 
connection with a criminal case.  The judge in the criminal 
case can sentence the perpetrator and collect the money for 
the victim for damages suffered.  In 2002 and 2003, there 
were 7 such cases. 
 
¶F.  The Netherlands has an extensive network of victim 
support organizations (56 according to the Rapporteur's most 
recent report).  TIP victims are eligible to stay in local 
government-subsidized shelters.  TIP victims and victims of 
domestic violence are housed in the same shelters.  In 2004, 
the Dutch government boosted its support for women's 
shelters by 1.2 million euros, for a total of 45.9 million 
euros.  It will continue to provide supplemental funding 
each year until 2007, achieving a 4 million euro increase by 
2007 and increasing the shelter's capacity by 200 beds by 
January 2008. 
 
¶G.  In addition to the training programs listed under H, 
Investigations and Prosecutions (above), the police and 
prosecutors provide specialized training to help law 
enforcement officials, including judges and immigration 
officers, identify and assist trafficking victims.   STV and 
other NGOs also sponsor specialized training to social 
workers and educators who assist TIP victims.  Dutch 
diplomatic missions carry out prevention projects and work 
closely with foreign NGOs that assist trafficked women. 
 
 
THE HAGUE 00000453  016.2 OF 016 
 
 
¶H.  Not applicable. 
 
¶I.  The STV is the designated national TIP victim registrar 
and assistance coordinator.  It provides social support, 
legal advice, medical aid, safe shelters and psychosocial 
counseling to victims of trafficking.  In 2005, the STV's 
task was expanded to include assistance to victims of all 
forms of exploitation.  In 2006, the Justice Ministry also 
assigned the STV to set up a special monitoring system for 
underage victims.  The STV was one of the initiators of the 
"La Strada" program, funded by the government, for the 
prevention of trafficking in women in Central and Eastern 
Europe.  The Dutch government has many international 
partners (IOM, Unicef, IDPF, OSCE, Anti-Slavery 
International, ECPAT and ILO) in its efforts to prevent, 
monitor and control trafficking.  The Dutch "Working Group 
of the Devout against Trafficking in Women" distributes 
informational brochures to warn women in 70 foreign 
countries of the dangers of trafficking.  In the larger 
Dutch cities, municipal services and local police have set 
up special projects to assist victims of trafficking. 
 
Arnall