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Viewing cable 07LUXEMBOURG80, LUXEMBOURG: 2007 ANNUAL TRAFFICKING-IN-PERSONS REPORT

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Reference ID Created Released Classification Origin
07LUXEMBOURG80 2007-02-23 13:37 2011-08-30 01:44 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Luxembourg
VZCZCXRO6370
RR RUEHAG RUEHDF RUEHIK RUEHLZ RUEHROV
DE RUEHLE #0080/01 0541337
ZNR UUUUU ZZH
R 231337Z FEB 07 ZDK
FM AMEMBASSY LUXEMBOURG
TO RUEHC/SECSTATE WASHDC 5792
INFO RUEAWJA/DEPT OF JUSTICE WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
RUEHC/DEPT OF LABOR WASHDC
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUCNMEM/EU MEMBER STATES COLLECTIVE
RUEHBM/AMEMBASSY BUCHAREST 0263
RUEHBR/AMEMBASSY BRASILIA 0017
UNCLAS SECTION 01 OF 08 LUXEMBOURG 000080 
 
SIPDIS 
 
SIPDIS 
SENSITIVE 
 
DEPT FOR USAID, G/TIP, G, INL, DRL, PRM, EUR/ERA, EUR/UBI 
 
E.O. 12958: N/A 
TAGS: PHUM KCRM KWMN SMIG KRFD ASEC PREF ELAB LU
 
SUBJECT: LUXEMBOURG:  2007 ANNUAL TRAFFICKING-IN-PERSONS REPORT 
 
REF: 06 STATE 202745 
 
LUXEMBOURG 00000080  001.2 OF 008 
 
 
1. (U) Embassy Luxembourg is pleased to present the following 
information regarding trafficking in persons in Luxembourg.  Point 
of contact is Tom Boughter; tel: +352 46-01-23, ext. 2240. 
Political officer (FS-04) spent 20 hours meeting contacts and 
collecting information for this report.  Acting political/economic 
section chief (FS-04) spent 15 hours preparing this report.  DCM 
(FS-01) spent 2 hours reviewing and editing this report.  Political 
section specialist (FSN-10) spent 60 hours collecting information, 
meeting with interlocutors, and preparing this report. 
 
2. (SBU) SUMMARY: Luxembourg is a country of destination for 
internationally trafficked women.  In 2006 there were five 
identified trafficking victims in a total population of 460,000. 
The Luxembourg police are currently working on four investigations 
involving international trafficking networks.  Because it is such a 
small country that has a carefully controlled prostitution sector as 
well as police who are well educated to the trafficking issue, this 
is likely to be the extent of the trafficking problem in Luxembourg 
this year.  In October 2006, the Luxembourg police created a special 
criminal investigation unit, specialized in investigations on 
trafficking in people.  Four people were assigned to this unit, 
which is charged with pursuing national and cross-border 
investigations against international trafficking networks in 
cooperation with Interpol, Europol and other international 
organizations. 
 
Prostitution in private studios and apartments, in relation with 
trafficking in human beings, has decreased considerably although the 
January 2007 accession of Romania and Bulgaria to the European Union 
may change the nature of the trafficking problem in Luxembourg.  The 
Government of Luxembourg is aware of this area of potential concern 
and monitoring it closely. 
 
During the reporting period, Luxembourg made significant efforts to 
increase awareness and cooperation on trafficking issues.  All 
relevant government actors have become much better educated to the 
global trafficking issue and enjoy excellent cooperation between the 
relevant governmental and non-governmental actors. END SUMMARY. 
 
NOTE:  Numerical markings below correspond to questions posed in 
reftel. 
 
-------- 
Overview 
-------- 
 
3. (SBU) Overview of a country's activities to eliminate trafficking 
in persons: 
 
-- 27A. Is the country a country of origin, transit or destination 
for international trafficked men, women, or children?  Provide 
numbers for each group, how they were trafficked, to where and for 
what purpose.  How reliable are the sources and numbers available as 
to the extent or magnitude of the problem? 
 
Answer: Luxembourg is a country of destination for various 
internationally trafficked women.  In 2006, the GOL identified 5 
trafficking victims: from Romania (1) and Brazil (4), all of which 
were women.  Because it is such a small country that has a 
rigorously controlled prostitution sector as well as police who are 
well educated to the trafficking issue, this is likely to be the 
extent of the trafficking problem in Luxembourg. 
 
Numbers and sources are deemed by Embassy to be reliable and 
accurate.  Embassy believes that Luxembourg interlocutors have no 
reason or desire to hide trafficking.  Contacts appear eager to 
identify and actively address such issues as they arise. 
Sources for this report include the head of the Luxembourg Vice 
Squad, members of the criminal investigation unit specialized in 
investigations on TIP, Amnesty International, representatives from 
the Ministry for Promotion of Women, the Ministry of Justice, the 
Red Cross Drop-In Center, and ASTI, an NGO that provides shelter to 
women in distress. 
 
--27B. Overview of the trafficking situation in the country 
 
Answer: The government has demonstrated the political will to 
address trafficking in persons. In October 2006, the Luxembourg 
police created a criminal investigation unit to solely specialize in 
investigations of trafficking in people.  Four officers were 
 
LUXEMBOURG 00000080  002.2 OF 008 
 
 
assigned to this unit, which is in charge of pursuing cross-border 
investigations on international trafficking networks in cooperation 
with Interpol, Europol and other international organizations. 
 
Following the abolition of artist visas in May 2004, the number of 
cabarets decreased and prostitution was largely practiced in private 
studios and apartments, which belonged to pimps who rented the 
apartments and profited from the work of prostitution.  With the 
frequent raids carried out by the Luxembourg Vice Squad and now the 
special criminal investigation unit, specialized in investigations 
on TIP, this type of prostitution has also decreased substantially. 
 
 
In March 2006, a Romanian victim of sex trafficking was discovered. 
The Romanian woman was sold by an intermediary Romanian woman to a 
Kosovo-Albanian trafficker with residence in Great Britain.  The 
Romanian woman was trafficked from Romania through Austria and 
Belgium to Luxembourg.  She testified as a witness and helped police 
to identify and arrest her trafficker.  After she was found to be a 
trafficking victim, she was provided shelter and food by a 
government-funded NGO.  She was voluntarily repatriated to Romania 
with the assistance of GOL funding. 
 
In June 2006, four Brazilian women were found to have been 
trafficked from Brazil through Portugal and France to Luxembourg. 
They were forced into prostitution in a private apartment, which was 
rented by the former wife (with residence in Luxembourg) of a 
Portuguese pimp (with residence in Portugal).  The Brazilian women 
were provided shelter and food by a government-funded NGO.  They 
were all voluntarily repatriated to Brazil with the assistance of 
GOL funding.  The police are still investigating reports of another 
group of 8 to 10 Brazilian women working in apartments which they 
suspect may involve trafficking. 
 
4. (SBU) PREVENTION: 
 
--28A. Does the government acknowledge that trafficking is a problem 
in that country? 
 
Answer: In October 2006, the GOL established a counter-trafficking 
working group in the criminal investigation police.  That working 
group will evaluate to what extent there is a trafficking problem in 
country and establish a trafficking monitoring mechanism. 
 
The GOL acknowledges that it is time to improve its 
counter-trafficking law. (Note: The applicable legislation 
incriminates trafficking in human beings for sexual exploitation in 
respect to adults and children, but does not offer a comprehensive 
and workable definition of the phenomenon and also omits certain 
forms of exploitation such as forced labor.) 
 
The MoJ TIP coordinator, who is charged with drafting the new 
counter-trafficking law, acknowledged that the MoJ had been 
premature last year when informing Post that Luxembourg anticipated 
adopting a new counter-trafficking law by the end of 2006.  The TIP 
coordinator declined to suggest a new date because the MFA 
Immigration department has been required to draft a new section on 
residence and work permits for TIP victims in the 
counter-trafficking law. 
 
--28B. Which government agencies are involved in anti-trafficking 
efforts? 
 
Answer: The Luxembourg Vice Squad, the new Criminal Police unit 
specialized in investigations on TIP, the Ministry for the Equal 
Opportunities, the Ministry of Foreign Affairs-Immigration, the 
Ministry of Justice, the Ministry of Employment, the City of 
Luxembourg, the General Prosecutor's Office, and the Tribunal 
d'Arrondissement. 
 
The Air Border Security Service (immigration control) would become 
involved should there be a suspicion that trafficking was occurring 
through Luxembourg's one commercial airport. 
 
--28C. Are there or have there been government-run anti-trafficking 
information or education campaigns? If so, briefly describe the 
campaign(s), including their objectives and effectiveness.  Do these 
campaigns target potential trafficking victims and/or the demand for 
trafficking (e.g. "clients" of prostitutes or beneficiaries of 
forced labor)? 
 
Answer: In April 2006, the Ministry for Equal Opportunities 
 
LUXEMBOURG 00000080  003.2 OF 008 
 
 
conducted, in cooperation with the MoJ and the Luxembourg police, 
specialized TIP training to educate all staff workers involved in 
women shelter work.  Participation: 33 women and 2 men. 
 
In September, the Ministry for Equal Opportunities, Amnesty 
International and the Luxembourg Red Cross provided a preview of the 
Luxembourgish co-production film "Your Name is Justine."  The film 
is the experience of a young woman from Poland who is sold as a 
prostitute in Germany.  The preview was followed by a debate on 
trafficking in persons with an audience of 180 people. There was 
wide press coverage. 
 
In December 2006, the Ministry for Equal Opportunities conducted a 
seminar in cooperation with one of a government funded shelter for 
women in distress.  The seminar entitled "TIP situation in 
Luxembourg-Interagency cooperation" was attended by 21 women and 2 
men working in shelters for women in distress.  Following this 
seminar, a working group was set up to create a network structure in 
charge of providing care for victims of trafficking in persons. 
 
--28D. Does the government support other programs to prevent 
trafficking? (e.g., to promote women's participation in economic 
decision-making or efforts to keep children in school.) Please 
explain. 
 
Answer: In the framework of a government-run campaign to promote 
gender mainstreaming, in March 2006, the Ministry of Equal 
Opportunity organized a seminar to discuss the government's national 
action plan on equality between men and women with NGOs and 
institutions involved in women's rights.  On March 16, 2006, the 
Luxembourg Parliament introduced the principle of non-discrimination 
in Luxembourg's legislation.  Article 11 of the Luxembourg 
Constitution was revised to formally enter equality between men and 
women in the text of the Constitution. 
 
--28E.  What is the relationship between government officials, NGOs, 
other relevant organizations and other elements of civil society on 
the trafficking issue? 
 
Answer: In the identified trafficking cases, the police have worked 
well with NGOs to provide the victims shelter, food, and protection. 
 The Ministry for Equal Opportunities described relationships among 
all who work on trafficking issues as "excellent" and "cooperative." 
 Similarly, Amnesty International contacts described their contact 
with GOL officials as "very friendly."  Embassy observes good 
communication and cooperation between the various governmental and 
non-governmental organizations in Luxembourg. 
 
--28F.  Does the government adequately monitor immigration and 
emigration patterns for evidence of trafficking?  Do law enforcement 
agencies respond appropriately to such evidence? 
 
Answer: The MFA-Immigration Asylum and Refugee Office are very aware 
of the dangers of trafficking during interviews and investigations 
of asylum-seekers. 
 
Luxembourg Air Border Security uses prescreening, profiling, and 
international risk analysis for air passenger traffic in and out of 
the country. 
 
EU country statistics are sent to the Risk-Analysis Center (RAC) in 
Helsinki every semester, and monthly to Eurostat, where they are 
analyzed for trends and patterns.  Law enforcement officials would 
respond in the prescribed manner should trafficking be suspected. 
 
As is the case throughout the Schengen area, persons traveling by 
car or rail no longer stop at borders when entering and exiting the 
country so very little monitoring occurs in these cases. 
 
--28G.  Is there a mechanism for coordination and communication 
between various agencies, internal, international, and multilateral 
on trafficking-related matters, such as multi-agency working group 
or task force?  Does the government have a trafficking in persons 
working groups or single point of contact?  Does the government have 
a public corruption task force? 
 
Answer: The MoJ TIP coordinator serves as the principal point of 
contact and coordinator for counter-trafficking efforts within the 
GOL.  There is currently excellent cooperation between the various 
involved agencies.  The draft law will institutionalize this 
process, establishing a permanent multi-agency counter-trafficking 
working group. 
 
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The new criminal investigation unit, specialized in investigations 
on trafficking in people, has cooperated with the police in several 
countries, with Interpol and Europol in order to combat trafficking. 
 
 
The Council of Europe's monitoring mechanism for public institutions 
monitors public corruption in Luxembourg and other EU countries.  In 
addition, the OECD regularly reports on corruption issues within 
governments. 
 
--28H. Does the government have a national plan of action to address 
trafficking in persons? 
 
Answer: The government currently does not have an official national 
plan of action. 
 
5.(SBU) INVESTIGATION AND PROSECUTION OF TRAFFICKERS: 
 
--29A. Does the country have a law specifically prohibiting 
trafficking in persons--both trafficking for sexual exploitation and 
trafficking for non-sexual purposes (e.g. forced labor)?  If so, 
what is the law?  If not, under what other laws can traffickers be 
prosecuted?  For example, are there laws against slavery or the 
exploitation of prostitution by means of coercion or fraud?  Are 
these other laws being used in trafficking cases?  Are these laws, 
taken together, adequate to cover the full scope of trafficking in 
persons? 
 
Answer: According to the Luxembourg Penal Code Article 379bis, 
trafficking for sexual exploitation carries penalties from six 
months to three years, and monetary fines from 251 to 50,000 Euros. 
In cases of force, the prison terms may range from one to ten 
years. 
 
The Penal Code also allows for fines of 500 to 125,000 Euros and 
prison terms from one month to three years for facilitating a 
foreigner's illegal entry and residence through direct or indirect 
assistance, which would be used in cases of trafficking for 
non-sexual exploitation purposes. 
 
The Luxembourg Judicial Police Organized Crime Unit has indicated 
that Luxembourg's laws against organized crime could also be used in 
trafficking cases. 
 
--29B. What are the penalties for traffickers of people for sexual 
exploitation? 
 
According to the Luxembourg Penal Code Article 379bis, trafficking 
for sexual exploitation carries penalties from six months to three 
years, and monetary fines from 251 to 50,000 Euros.  In cases of 
force, the prison terms may range from one to ten years. 
 
The Penal Code also allows for fines of 500 to 125,000 Euros and 
prison terms from one month to three years for facilitating a 
foreigner's illegal entry and residence through direct or indirect 
assistance, which would be used in cases of trafficking for 
non-sexual exploitation purposes. 
 
--29C. For traffickers of people for labor exploitation? 
 
According to the Luxembourg Penal Code Article 379bis, trafficking 
for sexual exploitation carries penalties from six months to three 
years, and monetary fines from 251 to 50,000 Euros.  In cases of 
force, the prison terms may range from one to ten years. 
 
The Penal Code also allows for fines of 500 to 125,000 Euros and 
prison terms from one month to three years for facilitating a 
foreigner's illegal entry and residence through direct or indirect 
assistance, which would be used in cases of trafficking for 
non-sexual exploitation purposes. 
 
--29D. What are the penalties for rape or forcible sexual assault? 
How do they compare to the penalty for sex traffickigg? 
 
Answer: Any act of sexual penetration throug  force or threat is 
considered a rape and punishbble with imprisonment of five to ten 
years.  If the victim is under fourteen years of age, then any act 
of sexual penetration committed through abuse of a person that is 
incapable of giving consent is considered rape and punishable with 
imprisonment of ten to 15 years. 
 
 
LUXEMBOURG 00000080  005.2 OF 008 
 
 
If the rape is followed by the death of the victim, then the prison 
sentence will be 15 to 20 years.  Murder committed in order to 
facilitate the rape or ensure its impunity is punishable with 
imprisonment for life. 
 
According to the Luxembourg Penal Code, Article 372, any assault on 
decency against a child under sixteen years of age is punishable 
with imprisonment from one to five years.  If the child is under 
eleven years of age, the imprisonment will range from five to ten 
years. 
 
Any assault on decency committed with force or threat carries 
penalties ranging from six months to five years.  If the assault is 
committed against a child under fourteen years of age, the penalties 
will range from five to ten years. 
 
--29E. Is prostitution legalized or decriminalized? Specifically, 
are the activities of the prostitute criminalized?  Are the 
activities of the brothel owner/operator, clients, pimps, and 
enforcers criminalized?  Are these laws enforced? If prostitution is 
legal and regulated, what is the legal minimum age for this 
activity? 
 
Answer: Prostitution by adults over the age of 18 is legal in 
Luxembourg.  Activity as a brothel owner/operator, client, pimp and 
anyone profiting from the activities of a prostitute are illegal. 
These laws are effectively enforced. 
 
--29F. Has the Government prosecuted any cases against traffickers? 
If so, provide numbers of investigations, prosecution, convictions, 
and sentences, including details on plea bargains and fines, if 
relevant and available?  Are the traffickers serving the time 
sentenced? 
 
Answer: The GOL arrested and convicted one Kosovo-Albanian for his 
role in smuggling (from Romania through Austria, Belgium to 
Luxembourg) and pimping one Romanian woman.  He was charged with 
procuring prostitution and human trafficking under section 379bis in 
the Luxembourg Penal Code.  In January 2007, he was sentenced to 
three years imprisonment and a 2,500 Euro fine.  He is currently 
serving this sentence in prison.  The Luxembourg police worked with 
the Belgian authorities to obtain information on the Belgian tenant 
who was renting an apartment in Luxembourg to the Kosovo-Albanian 
trafficker. 
 
In 2004, the GOL arrested a Portuguese pimp who was charged with the 
procurement of prostitution and human trafficking under section 
379bis in the Luxembourg Penal Code. 
 
In June 2006, a Portuguese pimp was given an 18-month deferred 
sentence and she was sentenced to a 2,500 EUR fine.  The suspended 
sentence was given to her because her former husband, with residence 
in Portugal, was considered the trafficker who brought four 
Brazilian women through Portugal to Luxembourg. 
 
The Luxembourg special criminal investigation unit, specialized in 
investigations on trafficking in people reported there are four 
investigations related to trafficking in 2007.  There were two 
convictions of the Kosovo-Albanian and the Portuguese national under 
the sections of the law related to pimping, smuggling and 
trafficking. 
 
--29G. Is there any information or reports of who is behind the 
trafficking? 
 
Answer: In the case of the Romanian woman, it appears only one 
Kosovo-Albanian was involved. 
 
In the case of the four Brazilian women, there was evidence that the 
Portuguese pimp was working through her former Portuguese husband 
with a network of traffickers who brought the women from Brazil 
through Portugal to Luxembourg.  There is no information as to the 
scale of the network. 
 
--29H. Does the government actively investigate cases of 
trafficking?  Electronic surveillance, undercover operations, etc 
 
Answer: The GOL actively monitors and efficiently addresses problems 
related to trafficking as they arise. 
 
Does the government use active investigative techniques in 
trafficking in persons investigations?  To the extent possible under 
 
LUXEMBOURG 00000080  006.2 OF 008 
 
 
domestic law, are techniques such as electronic surveillance, 
undercover operations, and mitigated punishment or immunity for 
cooperating suspects used by the government?  Does the criminal 
procedure code or other laws prohibit the police from engaging in 
covert operations? 
 
The GOL uses active investigative techniques, including electronic 
surveillance and undercover operations. 
 
However, the police are prohibited from engaging in covert 
operations. 
 
--29I. Does the government provide any specialized training for 
government officials in how to recognize, investigate and prosecute 
instances of trafficking? 
 
Answer: The Luxembourg Ministry of Justice maintains a training 
program, launched in January 2006, aimed at educating police, 
immigration department, and other relevant government officials as 
well as NGO workers as to how to identify trafficking victims.  The 
TIP working group coordinator regularly offers such a training 
program for relevant government employees. 
 
The Luxembourg air border security service provides continuous 
training on an international level, especially with its EU 
counterparts, and coordinates with customs officials.  They are 
trained to detect irregularities in immigration patterns, recognize 
unusual behaviors, and watch for travelers belonging to particularly 
vulnerable groups. 
 
--29J. Does the government cooperate with other governments in the 
investigation and prosecution of trafficking cases? 
 
Answer: Until recently, the GOL had an Office of Police Coordination 
with the German, Belgian, and French governments to determine what 
prosecutors' needs are in relation to crime, immigration and TIP. 
On May 1st, 2005, this office was replaced by the European Union 
Border Management Agency, which now coordinates efforts to check 
crime, illegal immigration and related matters within the European 
Union. 
 
Considering the flow of illegal migration towards the Canary 
Islands, being a part of one of the main four routes to the EU, the 
governments of Luxembourg, Germany, Portugal, and Italy decided in 
February 2007, to provide experts to help on interviews with illegal 
migrants who have arrived to the Canary Islands with the aim to 
establish whether these crossings are being facilitated.  The second 
focus of the operation will be joint patrols by aerial and naval 
means of Spain, Italy, Luxembourg, and France along the coast of 
West Africa.  The Luxembourg government will provide one aircraft. 
The aim of these patrols, carried out in coordination with 
Senegalese authorities, will be to stop migrants from leaving the 
shore on the long sea journey and thus reducing the danger of the 
loss of human life. 
 
--29K. Does the government extradite persons who are charged with 
trafficking in other countries?  Does the government extradite its 
own national charged with such offenses? 
 
Answer: There is an extradition law, implemented in 1972, under 
which the government has extradited 6 agents of human trafficking. 
There is no law saying that Luxembourgers cannot be extradited for 
trafficking.  Luxembourg is also a signatory to the European Arrest 
Warrant, under which no extradition is required to move and 
prosecute criminals within signatory members of the European Union. 
 
--29L. Is there evidence of government involvement in or tolerance 
of trafficking, on a local or institutional level? 
 
Answer: All reports indicate that the GOL is a staunch advocate of 
firm action against trafficking. 
 
--29M.  If government officials are involved in trafficking, what 
steps has the government taken to end such participation? 
 
Answer: Not applicable 
 
--29N. If the country has an identified child sex tourism problem 
(as source or destination), how many foreign pedophiles has the 
government prosecuted or deported/extradited to their country of 
origin?  Does the country's child sexual abuse laws have 
extraterritorial coverage (like the U.S. PROTECT ACT)? 
 
LUXEMBOURG 00000080  007.2 OF 008 
 
 
 
Answer: Not applicable 
 
--29O. Has the government signed, ratified, and/or taken steps to 
implement the following international instruments?  Please provide 
the date of signature/ratification if appropriate. 
 
  --ILO Convention 182 concerning the prohibition and immediate 
action for the elimination of the worst forms of child labor. 
 
Answer: YES.  21 March 2001. 
 
  --ILO Convention 29 and 105 on forced or compulsory labor. 
 
Answer: YES. Both on 24 July 1964. 
 
  --The Optional Protocol to the Convention on the Rights of the 
Child (CRC) on the sale of children, child prostitution, and child 
pornography. 
 
Answer: YES.  1992. 
 
  --The Protocol to Prevent, Suppress and Punish Trafficking in 
Persons, especially Women and Children, supplementing the UN 
Convention Against Transnational Organized Crime. 
 
Answer: YES. 13 December 2000. 
 
Note:  Additionally, Luxembourg signed the Council of Europe 
Convention Against Trafficking in Human Beings 16 May 2005. 
 
6. (SBU) PROTECTION AND ASSISTANCE TO VICTIMS: 
 
--30A. Does the government assist victims, for example, by providing 
temporary to permanent residency status, relief from deportation, 
shelter and access to legal, medical and psychological services?  If 
so, please explain. Does the country have victim care and victim 
health care facilities?  If so, can post provide the number of 
victims placed in these facilities? 
 
Answer:  The government fully funds two domestic NGOs, each having 
several branches, which provide services to women in distress. 
Victims of trafficking are eligible for and have used these 
services. 
 
When the Romanian trafficking victim was called to witness in a 
Luxembourg court, the government funded her transportation and hotel 
costs during her stay in Luxembourg. 
 
The Drop-in Center for Sex Workers provides free medical care.  They 
have about 700 clients with active files. 
 
--30B. Does the government provide funding or other forms of support 
to foreign or domestic NGOs for services to victims?  Please 
explain. 
 
Answer:  The government fully funds two domestic NGOs, each having 
several branches, which provide services to women in distress. 
Victims of trafficking are eligible for and have used these 
services. 
 
When the Romanian trafficking victim was called to witness in a 
Luxembourg court, the government funded her transportation and hotel 
costs during her stay in Luxembourg. 
 
The Drop-in Center for Sex Workers provides free medical care.  They 
have about 700 clients with active files. 
 
--30C. Is there a screening and referral process in place, when 
appropriate, to transfer victims detained, arrested or placed in 
protective custody by law enforcement authorities to NGOs that 
provide short- or long-term care? 
 
Answer:  Because the trafficking problem is so new, unusual and 
limited in Luxembourg, the GOL has no official system in place for 
this.  In the cases in which trafficking victims have been 
identified, such as that of the Romanian woman, the Ministry for the 
Equal Opportunities provided the funding for housing and protecting 
the victim after she had come forward. In 2006, the criminal 
investigation unit, specialized in investigations on trafficking in 
people was also granted a substantial budget to care for potential 
victims. 
 
LUXEMBOURG 00000080  008.2 OF 008 
 
 
 
--30D. Are the rights of victims respected, or are victims also 
treated as criminals?  Are victims detained, jailed, or deported? 
If detained or jailed, for how long?  Are victims fined?  Are 
victims prosecuted for violations of other laws, such as those 
governing immigration or prostitution? 
 
Answer:  As soon as a person is identified as a trafficking victim, 
her rights are respected, and she is assisted with housing and 
subsistence needs. 
 
--30E. Does the government encourage victims to assist in the 
investigation and prosecution of trafficking?  Can victims file 
civil suits or seek legal action against the traffickers? 
 
Answer:  The government encouraged the victims to give full 
testimony with regard to any and all trafficking-related cases. 
Victims can seek legal action against the traffickers. 
 
--30F. What kind of protection is the government able to provide for 
victims and witnesses?  Does it provide these protections in 
practice?  How many shelters does the government run or fund (in 
full or in part)?  How much funding does the government provide for 
shelters? 
 
Answer:  The government provides full operational funding for two 
NGOs and eleven shelters for women in need.  In October 2006, the 
government granted the criminal investigation unit, specialized in 
investigations on trafficking in people, a substantial budget to 
provide for such victims.  In every trafficking case that has 
arisen, the GOL has seen to it that victims have been provided 
shelter and that their basic needs have been met. 
 
The Luxembourg Vice Squad has also gone to great lengths to aid the 
victims of trafficking persons. Although they had no Witness 
Protection Program in place, they have taken substantial measures to 
protect the victims' physical safety and identities.  After the 
court proceedings had finished, they assisted the victims in 
creating new identities and getting settled in a Witness Protection 
Program abroad. 
 
-- 30G. Does the government provide any specialized training for 
government officials in recognizing trafficking and in the provision 
of assistance to trafficked victims, including the special needs of 
trafficked children? 
 
Answer:  The Luxembourg Ministry of Justice maintains a training 
program, launched in January 2006, aimed at educating police, 
immigration department, and other relevant government officials as 
well as NGO workers as to how to identify trafficking victims.  The 
TIP working group coordinator regularly offers such a training 
program for relevant government employees. 
 
The Luxembourg air border security service provides continuous 
training on an international level, especially with its EU 
counterparts, and coordinates with customs officials.  They are 
trained to detect irregularities in immigration patterns, recognize 
unusual behaviors, and watch for travelers belonging to particularly 
vulnerable groups. 
 
--30H. Does the government provide assistance, such as medical aid, 
shelter, or financial help, to its repatriated nationals who are 
victims of trafficking? 
 
Answer:  Not applicable. 
 
--30I. Which international organizations or NGOs, if any, work with 
trafficking victims?  What type of services do they provide?  What 
sort of cooperation do they receive from local authorities? 
 
The Luxembourg Vice Squad and the Ministry of Women's Promotion have 
worked with Caritas, including its COATNET representative, SOS Women 
in Distress, and the Comit de Liaison et d'Action des Etrangers 
(CLAE), to ensure that trafficking victims are given shelter and 
provisions to ensure their well-being and protection from 
traffickers. 
 
KRAFT