"54861","3/1/2006 16:52","06THEHAGUE453","Embassy The Hague","UNCLASSIFIED//FOR OFFICIAL USE ONLY","06STATE3836|06THEHAGUE334|06THEHAGUE399","VZCZCXRO3808
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RUEHROV RUEHSR RUEHVK RUEHYG
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
STATE FOR G/TIP, G, INL, DRL, DRL/IL, PRM, IWI, EUR/PGI,
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
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 firstname.lastname@example.org and email@example.com.
---------------- 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
-------- 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.
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.