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DE RUEHBS #0694/01 0611419
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R 021419Z MAR 07
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TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB BE
SUBJECT:  Belgium 2007 Trafficking in Persons Report 
 
Ref:  06 State 202745 
 
¶1. (U) The 2007 Trafficking in Persons follows in paragraph 
two.  Embassy Point of Contact is Political Counselor 
Theodore H. Andrews, telephone (32) (2)508-2111/fax 513- 
¶5333.  Staff hours spent in preparation of this report: 
 
Political Counselor (FO-1): 3 hours 
Political Assistant (LES-10): 48 hours 
Political Intern: 16 hours 
 
¶2. (SBU) Begin Text of 2007 Report: 
 
Overview 
-------- 
 
¶A.  Belgium is a destination and transit country for 
trafficked persons.  The majority of trafficking victims in 
Belgium are young women originating primarily from Sub- 
Saharan Africa, Central Europe, and Asia.  Particularly 
prominent source countries are Nigeria, Albania, Bulgaria, 
Romania, and China.  Most victims are destined for 
Belgium?s larger cities or other European countries, often 
the United Kingdom, and are usually trafficked for the 
purposes of sexual exploitation.  Male victims are 
typically trafficked for exploitative labor in restaurants, 
bars, sweatshops and construction sites. 
 
For 2006, the Federal Police's Central Service for 
Trafficking in Persons investigated 230 cases. Specific 
information regarding these cases (age, gender, 
nationality, nature of exploitation) was not yet available 
at the time of this report, but should be released later in 
the year. 
 
There are three centers in Belgium tasked with sheltering 
victims of trafficking: Payoke in Antwerp (Flanders 
region), Surya in Liege (region of Wallonia), and Pag-Asa 
in Brussels.  Police are encouraged to bring known or 
discovered victims of trafficking to these centers for 
assistance.  The three specialized shelter centers 
registered 667 victims in 2003, 586 victims in 2004 and 112 
victims during the first half of 2005.  More recent 
statistics are pending from all three shelters. Preliminary 
numbers from the Payoke Center indicate that they assisted 
143 victims in 2006, 60 of whom were new to the center. 
More specific information should become available in April 
¶2007.  Of the registered victims, 175 opted for assistance 
by the centers in 2003, 144 in 2004 and 36 for the first 
half of 2005.  The victims were mostly women (in 2004, 100 
women and 44 men), coming originally from Nigeria, China, 
Romania, Bulgaria and Albania. 
 
Of all victims taken care of by three specialized shelter 
organizations between 1999 and 2005, 34 percent were 
victims of sexual exploitation, 18 percent of economic 
exploitation, 19 percent of smuggling, and 21 percent of 
trafficking/smuggling combined. 
 
In the past several years, Belgium has greatly improved its 
data gathering regarding trafficking, with information 
supplied by the Justice Ministry, the Federal Police and 
the three specialized shelter centers.  The Center for 
Equal Opportunity and the Combat Against Racism is tasked 
with issuing an annual report on the matter and 
coordinating victim centers and law enforcement efforts in 
combating trafficking. 
 
¶B.  Most recent trends show that forced prostitution and 
related criminality organized by Bulgarian criminal groups 
persists.  There is growing private prostitution and 
commercial escort services have gained ground.  An 
increasing number of victims, especially young victims, are 
forced to beg.  Economic exploitation cases continue to be 
on the rise, but this could be the result of better 
prosecution techniques resulting from legislative 
improvements in the Belgian approach to their trafficking 
problems.ATIONIn recent years, the government of Belgium has continued 
its proactive and sophisticated approach to anti- 
trafficking law enforcement.  In 2005 the lawmakers amended 
the 1995 anti-trafficking act.  Through this amendment, 
trafficking has become a crime specifically defined in the 
Belgian Criminal Code.  In line with prevailing 
international and European conventions, the lawmakers have 
distinguished between trafficking and smuggling. 
Additionally, the new legislation allows the law 
enforcement agencies to fight "slum lords," and the 
exploitation of persons through forced begging has become a 
crime.  Furthermore, the new laws address trafficking of 
both foreign nationals and Belgian nationals within 
Belgium. 
 
¶C.  The funding of law enforcement agencies is currently 
adequate, and there are no reports of governmental 
corruption.  Victims are aided through three non- 
governmental organizations that rely largely on government 
subsidization. 
 
¶D.  In May 2004 the federal government instituted a 
coordination composed of 
representative relevant ministries. 
The report of the new agency  report has not yet 
been made at the State Department or the agencies 
involved in comnnected to a secure 
wto network and have access formation. 
 However, the effect was questioned 
thr Opportunity and the Combined forced labor, and 
forced trafficking involveing units of the federals, 
the Interior Ministry, the Employment 
Ministy, and the courts.  The Council of Ministersation.  The Social Welefare 
departments monitor for such each 
judicial districted to trafficking 
information gathering is in the 
hands of the newly established IAMM/CIATEH and The Center 
for Equal Opportunity and he Combat Against Racism. 
Belgium is also comitted to anti-trafficking agreements as 
a member of the EU/Europol, Interpol, and the UN. 
¶C.  The government has, in past years, occasioally 
organized public awareness campaigns, paQticularly 
regarding the exploitation of child2en.  No major awareness 
campaigns were launhed in 2006, but Child Focus and Stop 
Child Prostitution are two NGOs that continually organize 
campaigns on child prostitution awareness.  Government 
agencies and NGOs in Belgium have a well-developed network 
of websites that provide information on trafficking and 
direct victims toward relief centers. 
 
¶D.  The government extensively supports programs to prevent 
trafficking.  Most agencies involved in the combat are 
federal and/or regional government subsidized.  The 
position of women in public life is protected by means of 
anti-discrimination legislation.  School attendance is 
compulsory until age 18. 
 
¶E.  The government is highly cooperative with NGOs in 
combating trafficking in persons, providing most of the 
financial support for its three victims' centers.  They 
display very close cooperation with international bodies 
that work on trafficking issues. 
 
¶F.  As a Schengen Zone country, Belgium's main immigration 
and emigration monitoring is through its 6 airports, 6 
seaports, and the high-speed train terminal in Brussels. 
However, there are no inspections along its land borders, 
making trafficking more difficult to detect.  However, 
employment and social welfare agencies screen routinely for 
victims of trafficking among foreigners. 
 
¶G.  Internal coordination takes place at the political 
level by the federal government, at the level of the courts 
through the College of Prosecutors General, at the Federal 
Prosecuting Office, and by the newly established 
IAMM/CIATTH for data gathering.  For multilateral efforts, 
a special unit operates within the Belgian Foreign Ministry 
to coordinate with authorities in origin countries. 
Belgium actively participates in actions developed by the 
UN, IMO, EU, OSCE and Council of Europe.  The Federal 
Police coordinates actions with INTERPOL and EUROPOL, 
within the EU framework and through bilateral cooperation 
agreements with selected countries. 
 
¶H.  In 2004, the federal government launched a national 
action plan that it continues to implement.  It was 
developed in conjunction with all relevant departments and 
agencies dealing with trafficking and was part of the 
government's Integral Security Policy Statement of March 
2004, which designated trafficking as a top priority.  This 
plan was disseminated by direct correspondence with each 
department/agency. 
 
Investigation and prosecution of traffickers 
-------------------------------------------- 
 
¶A.  The Belgian act of April 13, 1995, contained a series 
of measures aimed at repressing human trafficking and child 
pornography.  The law defined trafficking in persons as 
"helping in any way whatsoever, either directly or through 
an intermediary, an alien who enters or resides in Belgium, 
and, in doing so, directly or indirectly making use of 
fraudulent practices, violence, threats or any form or of 
force against that alien and, abusing the particularly 
vulnerable position on that alien on account of his or her 
uncertain administrative status or due to pregnancy, 
illness, disability or mental disorder."  In 2002, 
parliament adopted legislation to combat organized crime 
more effectively.  A further restructuring of the entire 
anti-trafficking effort occurred in 2004. 
 
In 2005, lawmakers adopted a major overhaul of the 1995 
legislation.  It aligned Belgian legislation with 
prevailing European and international law, in particular 
the additional protocols to the UN Convention Against 
Transnational Organized Crime (2000), the EU Council 
framework decision on combating trafficking in human beings 
(2002), the EU directive on the facilitation of 
unauthorized entry, transit and residence (2002), and the 
EU Council framework decision on the strengthening of the 
penal framework to prevent the facilitation of unauthorized 
entry, transit and residence. 
 
Following passage of the 2005 act, it become possible to 
pursue criminal cases for recruiting, transporting, 
transiting, providing shelter or housing to, and passing on 
the control over persons for the purpose of prostitution, 
child pornography, exploitation of mendacity, economic 
exploitation, organ transplant or to force them to commit 
crimes and offences.  The new act makes it easier for the 
law to arrest slumlords, and to act against the 
exploitation of forced begging.  In another major change, 
the new legislation applied the law to Belgian 
perpetrators, and not only to non-Belgians.  The new 
legislation defined smuggling as opposed to trafficking, 
and made it impossible to invoke consent of the victim as a 
defense against criminal charges.  Aggravating 
circumstances include threatening the life of victim, 
involvement in a criminal organization, vulnerability of 
the victim, use of violence, and causing severe harm or 
death of the victim. 
 
The authorities amended the 2005 law in 2006 by making it a 
crime to contract a fake marriage, receive compensation for 
arranging a fake marriage, or to incite others to do so. 
 
¶B.  Persons convicted of violating anti-trafficking 
legislation are subject to one to five years of 
imprisonment and are fined between 500 and 50,000 euro. 
Repeat offenders, those convicted of offences of an 
organized nature, and other, aggravating circumstances the 
punishment increased from ten to fifteen years imprisonment 
along with fines up to 100,000 euros.  If the offender 
belongs to a criminal organization, or if the trafficking 
results in manslaughter, the punishment is 15 to 20 years 
imprisonment and a fine ranging from 1,000 to 150,000 
euros. 
 
Penalties for rape and forcible sexual assault are rather 
similar, but if resulting in the death of the victim the 
penalty can be up to 30 years imprisonment. 
 
¶C.  Persons convicted of trafficking for economic 
exploitation are subject to one to five years imprisonment 
and are fined between 500 and 50,000 euros.  The law 
specifies that Belgian nationals can also become victims of 
economic exploitation. Under the law, economic exploitation 
means that the victim is employed under circumstances which 
violate human dignity.  The use of force or exploitation of 
vulnerability is not required to qualify a situation as 
exploitative. 
 
Belgian authorities enforce very restrictive regulations as 
to the employment of foreigners as au pairs, interns, 
entertainers, and sportsmen. To combat trafficking, special 
ID cards are issued to diplomatic household personnel. 
 
¶D.  Most recent information on rape laws and punishments 
pending. 
 
¶E.  Prostitution as such is not a criminal act, but 
organizing prostitution and forcing people to prostitute 
themselves are criminal offences.  The act of November 2000 
has reinforced protection of minors with regard to 
trafficking, prostitution and pornography.  Organizing 
prostitution of minors under age sixteen can result in 20 
years imprisonment.  Prostitution in bars and through 
escort services is diminishing, while the phenomenon of 
people prostituting themselves through the internet is 
increasing significantly.  The law enforcement agencies 
encounter great difficulties monitoring this form of 
prostitution. 
 
¶F.  The Federal Police has in 2004 conducted 276 
investigations into human trafficking cases, and 162 
investigations for the first nine months of 2005.  In 2001, 
115 persons were sentenced for trafficking-related criminal 
acts.  The number of sentenced persons was 130 in 2002 and 
170 in 2003.  The perpetrators on average received 30 
months imprisonment and average fines ranged from 9,145 
euro in 2001 to 11,510 euro in 2003.  Other sentences 
ded confiscation of goodsil rights. 
 
In Octobved eight years 
imprQ fine for running a 
Qs also handed down senten and people organizing fae marriages. 
 
In November 2006 an Antwerp Qudge convicted 13 Russian 
nationals for recruQting girls for sexual exploitation. 
They received sentences ranging from 1 to 7 years 
imprisonment as well as heavy fines. 
 
In a landmark case in December of 2006, 12 traffickers 
appeared in court for smuggling as many as 100,000 persons 
to the United Kingdom over a 6 year period.  The smugglers 
and traffickers consisted of 8 Turkish nationals, two 
Iranian refugees, and two Belgians. Their victims were 
mainly Turkish Kurds.  The offenders received penalties 
ranging from 3 to 10 years imprisonment and were 
collectively fined 2 million euros. 
 
Also in December 2006, a Leuven court convicted 20 people 
of organizing prostitution and trafficking ring that 
forcibly exploited young women and girls from Eastern 
Europe.  They were sentenced to 9 years imprisonment and up 
to 25,000 euro fines. 
 
¶G.  Trafficking is done by small, and occasionally larger, 
criminal organizations from Eastern Europe and Asia.  In 
2005, the Federal Police identified 144 criminal 
organizations involved in trafficking and smuggling, 
compared with only 100 organizations in 2004. Most of these 
organizations were transnational in nature.  Trafficking is 
only part of the activities of these criminal 
organizations, as they also are involved in drugs trade, 
money laundering, car thefts, visa and passport 
counterfeiting, and other criminal activity.  Restaurants, 
travel agencies, and phone shops are often used as front 
organizations.  There are no reports of government 
officials becoming involved. 
 
¶H.  The government actively investigates cases of 
trafficking, and uses advanced investigation technologies, 
such as scanners for containers entering their ports. 
Wiretaps are being used in investigations and the Belgian 
police forces collaborate actively with Europol and 
Interpol.  Legislation enacted in 2005 provides a better 
legal footing for pro-active investigation, infiltration, 
observation, wiretaps, the gathering of financial 
information and the use of informers.  It also provides 
with a more accurate definition of "dwelling" which allows 
the police to search a wider range of premises.  The new 
law also better defines the role the federal prosecutor, 
district prosecutors and investigating judges.  Police also 
use special investigation techniques, such as covert 
operations, to pursue traffickers. 
 
¶I.  Adequate training of police officers and magistrates is 
available. 
 
¶J.  The government and law enforcement agencies cooperate 
smoothly and regularly with other governments.  Channels 
used by the federal police are shared with Interpol and 
Europol.  Belgium has also signed a wide range of bilateral 
police cooperation agreements with Eastern European 
countries.  Also, the Foreign Ministry has begun more 
widely posting immigration specialists in its foreign 
diplomatic posts. 
 
¶K.  Belgians and foreign nationals can be extradited under 
the European arrest warrant.  Belgian Parliament has 
adopted this European framework decision. 
 
¶L.  There is no evidence of government involvement in or 
tolerance of trafficking. 
 
¶M.  There were cases in the nineties of fraudulent visas 
issued by Belgian embassies.  One particularly case, which 
happened at the Belgian embassy in Bulgaria, resulted in a 
formal investigation and hearings in Parliament. 
Disciplinary measures were taken against the diplomats 
involved in the fraud. 
 
¶N.  The Belgian authorities identify sex tourism and child 
pornography as a serious problem.  Belgium has specific 
legislation for combating these criminal acts.  Belgians 
can be charged in Belgium for child abuse crimes committed 
abroad.  In 2000 the Belgian Parliament adopted a new 
constitutional provision on children?s rights guaranteeing 
respect of moral, physical and sexual integrity of 
children.  In 2000 the lawmakers amended the 1995 act on 
combating human trafficking and child pornography.  New 
provisions were added to the criminal code enhancing the 
protection of minors, particularly with regard to 
trafficking, prostitution and pornography. 
 
A Brussels judge handed down a ten-year imprisonment 
sentence to a Belgian who abused in Thailand some 200 Thai 
children over a twenty-year period.  As a first in Belgian 
legal history, Child Focus, the Belgian organization 
tracking missing children, made use of its legal position 
to claim damages.  It obtained the payment of a 20,000 euro 
fine. 
 
¶O.  ILO Convention 182, ratified 5/8/2002 
ILO Convention 29, ratified 1/20/1944 
ILO Convention 105, ratified 1/23/1961 
Optional Protocol to the Convention on the Rights of the 
Child and on the Sale of Children, Child Prostitution, and 
Child Pornography, ratified 3/27/2006. 
Protocol to Prevent, Suppress and Punish ..., ratified 
8/11/2004 
 
Protection and assistance to victims 
------------------------------------ 
 
¶A.  In 2006, Parliament enacted a complete overhaul of the 
1980 Immigration Act, bringing Belgian legislation in line 
with prevailing EU directives, such as the EU Directive 
2004/81 on awarding residence to trafficking victims who 
opt to cooperate with the authorities.  As a result, the 
prevailing Belgian protection system is now supported by 
law, and has been extended to certain categories of 
smuggling victims, including unaccompanied minors, the 
vulnerable, the deceived, and ill victims. 
 
Victims have 45 days to decide what to do, and can qualify 
for a renewable 3-month residence permit or a 6-month 
permit, depending on the state of the judicial 
investigation.  They can eventually obtain permanent 
residence after the traffickers are sentenced. 
 
There was a noticeable increase in the number of victims of 
economic exploitation who sought help from the shelter 
centers, from 10 in 1999 to 48 in 2004. The victims were 
for the larger part Chinese, Equatorian, Nigerian, 
Moroccan, and Romanian nationals. 
 
Under-age victims arriving in Belgium are in the first 
place directed to a special center, and in a later stage, 
they receive help from custodians whose task it is to 
assist these victims finding housing, and education.  They 
also give legal assistance when the victims file for 
asylum. 
 
¶B.  The federal and regional governments fund the 
recognized shelters.  These centers provide 
medical/psychological aid, administrative aid and judicial 
aid. 
 
¶C.  Victims get in touch with the centers individually, 
through the police, social services, district courts, labor 
courts or the Immigration Office. 
 
¶D.  Victims are not fined, detained, jailed or deported. 
Average stay in the shelters is six months.  Victims can 
also opt to stay outside the shelters. 
 
¶E.  The system is designed to obtain cooperation from 
victims.  Victims are encouraged to collaborate with the 
law enforcement agencies during a judicial investigation 
but also by starting litigation against offenders.  The 
shelters have to authority to file a lawsuit in their own 
name or in the name of a victim. 
 
¶F.  Victims are provided access to safe houses, the 
whereabouts of which are kept secret.  There are specific 
shelter systems in place for juveniles and those 
particularly threatened by their traffickers. 
 
¶G.  Training on recognizing trafficked persons is well 
established in law enforcement agencies, and procedures for 
dealing with trafficking cases are well known.  The Justice 
Ministry, in 2005, organized special training sessions for 
magistrates hand The Foreign 
Ministrytrai in 
origin countries.tic staff in 
traffick@d in recent years and 
co 
 
¶H.  The government provirhelter (in 
afore-men work permits to 
traf@elgium collaborates regational 
Organization forTnited Nations and 
the C0he 
combat trafficking in hQfor labor 
exploitation"mbating sexual 
explombrie